Evening Star Newspaper, February 14, 1935, Page 6

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CHILDREN'S DEATH STAY PLEA 10 START APPEAL Will Be First Move—High Court Expected to Re- fuse Case Review. By the Associated Press. FLEMINGTON, J., February 14—A request for a stay of the death sentence imposed upon Bruno Rich- ard Hauptmann will be the next move of his attorneys if they go forward with their announced intention of appealing his conviction. Edward J. Reilly, chief counsel, said the defense would fight the conviction all the way to the Supreme Court of the United States if necessary. That court, however, has consistently declined review any case in which no Constitutional question is in- volved. The bulk of the defense exceptions {were based upon the final charge given to the jury by Justice Thomn‘ w. Trenchard. The defense took a general excep- tion to the whole charge and then recited numerous assertions of the court for which they begged and were allowed specific exceptions. “Misconception” Charged. The attorneys charged the justice erred in not leaving various portions of the evidence to the recollection of the jury, and in one instance said the court had a “serious misconcep- tion” of the evidence. This concerned the court’s recital of testimony that the baby’s thumb guard had been tied to its sleeping suit. The defense said the testimony was that the thumb guard was tied to its wrist. This thumbguard was found a hun- dred yards from the Lindbergh home by Betty Gow, nursemaid, a month after the crime, and the State con- tended it fixed the place where the sleeping suit was ripped from the dead child—thus supporting the theory that the child was murdered in Hunterdon County. The body was found in Mercer County. Language Assailed. The court'’s language in fits in- structions also was the target of defense objections. “As seems likel vas one phrase | the cowrt used when it discussed the State contention that a ladder was at the Lindbergh nursery window for the kidnaper's purpose of entry. Other phrases which the defense contended the justice should not have used were: “Do you believe that?” when he discussed the defense theory that a gang perpetrated the crime. “Upon the whole, is there any doubt in your mind as to the reilability of Dr. Condon’s testimony?” when he discussed Dr. John F. (Jafsie) Con- don’s identification of Hauptmann. Questioned Fisch Angle. “Do you believe that?” when he discussed Hauptmann's story that the dead Isidor Fisch gave him a shoe box to keep and that the shoe box contained, unknown to Hauptmann, the $14,600 ransom money which was found in his garage. “Do you think that there is any reason on the whole to doubt the old man’s testimony?” when he discussed the identification of Hauptmann as 2 man with a ladder in a car near the Lindbergh home on the day of the crime by Amandmus Hochmuth, aged Sourland resident. “Does not the evidence satisfy you that at least a part of the wood from which the ladder was built came out of the flooring of the attic of the de- fendant?” when he discussed the ex- pert testimony given by Arthur Koehler, Government wood techni- clan. The defense also fought the admis- islon of the ladder to evidence, hold- ing that it had been taken apart by the police and reconstructed. There were many other objections during the testimony, but none so vigorous as those taken to the charge. State Must Aid Appeal. Hauptmann's death sentence, his attorneys said, assures that part of the expense of an appeal must be borne by the State, since the defense will plead that he is without funds. A hint that the State may fight such contention came in the summa- tion of Attorney General David T. Wilentz, who charged then that the defense was financed by ‘“cranks, idiots and fools—un-Americans,” and that it had spent more money than the State. The main objections to the charge were voiced by Egbert Rosecrans for the defense. Reilly added to them an objection to what he said was a comparison between the defense and State witnesses when the justice spoke of the prison records of several of Hauptmann's alibi witnesses. Reilly also objected because Justice Trenchard told the jury to take into consideration Hauptmann’s interest in the outcome when determining the credibility of his own testimony. The defense chief thought the justice should have given the same instruc- tion about the testimony of Col. Lind- bergh, his relatives and his servants, LODGE PLA.N OPPOSED Protest against a proposal for establishing a lodge for transients in & building in the 1300 block of Mas- sachusetts avenue was made today by 8 delegation appearing before the Commissioners. It was said such a plan for a new lodge for men under the care of the Dmxl-:’ct 1“1ruulent, Bureau was under consideration. Among those protesting were A. J. Driscoll, president of the Mid City Citizens’ Asosciation; John H. Fravel, 1123 Thirteenth street; W. J. Flood, 1322 Massachusetts avenue, and Mrs. E. M. Barnett, 1326 Mass- achusetts avenue. Three Present Claim For $25,000 Reward In Lindbergh Case By the Associated Press. FLEMINGTON, N. J., Febru- ary 14—Three men have claim- ed all or part of the State's $25,000 reward for information leading to the arrest and con- viction of the Lindbergh baby kidnaper. J It appeared toddy unlikely, however, the State would make the award until Bruno Haupt- mann’s conviction is sustained by higher courts, The claimants, who spotted the $10 gold note that led to Hauptmann’s arrest after he bought gasoline with it last September 15, are: Walter Lyle, manager of a New York filling station\ John Lyons, attendant at the station. William R. Strong, teller in the Mount Morris branch of the Corn Exchange Bank & Trust Co. in New York. THE EVENING STAR, Steps in Trial Chronological History of Proceedings Which Be- gan January 2. Following is the chronological his- tory of the Hauptmann trial: January 2—Trial opened. January $—Jury of eight men, four women sworn in. Wilentz, State prosecutor, outlined case, branding: de- fendant as kidnaper, murderer and recipient of ransom. Col. and Mrs. Lindbergh describe kidnap night events. Janusry 4-—Lindbergh identifies Hauptmann. Also identifies clothes worn by Baby Charles. Says Haupt- mann's was voice he heatrd in ceme- tery when $50,000 was paid. January 7—Betty Gow, beby's nurse, tearfully tells of kidnaping, and identifies baby’s sleeping suit. Ransom Money and Ladder. January 8—State builds up link be- tween Hauptmann and kidnaping and acceptance of ransom money. Joseph Perrone, Bronx taxi driver, identifies Hauptmann as man who gave him $1 to deliver ransom note to Dr. John F. Condon. _Amandus Hochmuth, 87- year-old Flemington resident, iden- tifles Hauptmann as man he saw in car with ladder near kidnap scene. Hauptmann stirs crowd by calling one witness a liar and another crazy. January 9—Condon identifies Haupt- mann as “John,” who accepted ran- som money. { January 10—Defense fails to break down Condon testimony. Col. Henry Breckenridge, Lindbergh's friend and lawyer, approves actions in ramsom negotiations. January 11—Albert S. Osborn, hgnd- writing expert, testifies Hauptmann wrote all ransom notes. The $14,600 of ransom bills found in Hauptmsan's garage is introduced in evidence.* Surprise Witness, [ January 14—Miss Hildegarde Alex- ander, New YorK clothes model, is introduced as surprise witness by State Says she saw Hauptmann shadowing Condon in the Bronx. Second handwriting expert coryobo- rates Osborn’s testimony. : January 15—Two more handwriting experts say Hauptmann wrote all ransom notes. January 16—Four handwriting ex- perts, making eight, brand Hauptmann as note writer. January 17—Thomas H. Sisk,. spe- cial Department of Justice agent. tells of arrest of Hauptmann September 19. Tells of finding ransom monéy in garage and how Hauptmann. about it. of finding of money. Mrs. Hauptmann Creates Scene. January 18—Mrs. Ella Achenbach, neighbor of Hauptmann's, says de- fendant was limping shortly after kid- naping. Says Mrs. Hauptmann told her they had been on & trip, Mrs. Hauptmann cries, “Liar!” at witness. Sixteen witnesses called. Board bear- ing Dr. Condon telephone and street numbers taken from Hauptmann home introduced. Police testify Hauptmann admitted writing. More testimony in finding of money. January cashier identifies Hauptmann as man who gave her $5 ransom bill. Em- ployer of Hauptmann says defendant did not work on March 1, date of kidnaping, nor on date ransom was, Accountant of Internal Rev-| paid. enue Bureau testified to Hauptmann's | sudden wealth of $44,486 April 2, 1932. January 22—Ladder introduced in | evidence, also a chisel sald to be miss- | ing from Hauptmann's tool chest and found near kidnaping scene. Two more witnesses testify they saw Hauptmann near Lindbergh home about time of kidnaping. Haupt- mann’s landlord identifies board taken from attic of his home. Boerd was part of ladder, State claimed January 23—Four more witnesses link ladder with attic board. = Arthur Kohler, lumber expert, makes ‘positive identification. State Rests Case. January 24—State rests and Haupt- mann goes on stand in own defense. Offers alibis. Says he was home on night of kidnaping. Neighbor bakery owner and wife support his slibi. January 25—Hauptmann appears W. & J. Sloane IThe led | Twenty-five witnesses tell | 21—New York movie | upset on cross-examination. Offers more alibis. Says sudden wealth came from previous savings and money given him by late Isador Fisch, who died in Germany. He admits writing “boad” for boat in diary. January 28—Hauptmann confused, angry. Admits telling many lies. January 29—Letters between Haupt- mann and brother of Isador Fisch in- troduced. Hauptmann's account books and bank deposit slips introduced. January 30—Mrs. Hauptmann sup- ports husband’s alibi plea. Elbert Carlstrom testified he saw Hauptmann in Bronx bakery on night of kid- naping. He is vague on cross-exami- nation. Bench comments on it. January 31—Two more witnesses saw Hauptmann in Bronx on night of kidnaping. One a bootlegger and the other operator of a speakeasy and bookmeking establishment. Witnesses for Hauptmann. February 1—Handwriting expert testifies Hauptmann wrote none of ransom notes. Peter H. Sommer identifies pictures of late Isador Fisch and claims to have seen Hauptmann and Fisch with blond baby on Wee- hawken Ferry at midnight March 1. Confused on cross-examination. February 4—Cross-examination of Sommer continues. He admits receiv- ing money to testify. Wavers on identifying Violet Sharpe photo. Benjamin Lupica says he saw man, not Hauptmann, in car with ladder near kidnap scene. Hans Kloppen- burg, Hauptmann friend, bolsters alibi. Alibi Witnesses Fail. February 5—Benjamin Heiler says he saw Isador Fisch jump over wall of cemetery where ransom was paid on night of April 2. Wavers on cross- examination. Identifies picture of an- other cemetery. Mr. and Mrs. Otto ‘Wollenberg and others tell of seeing Fisch at party. Five alibi witnesses fail to appear. February 6—Dr. Erastus Mead Hud- son, fingerprint expert, says no finger- l prints of Hauptmann on ladder. Many | prints of others. February 7—Eleven defense wit- nesses appear, three support Fisch ex- planation. February 8—Three witnesses offer | alibis for Fisch after defense rests | case. Testimony Ends. February 9—Mrs. Dwight Morrow | and three others clear Violet Sharpe. | Testimony ends. February 11—Reilly, defense coun- | sel, tells jury kidnaping was inside | job. Says ladder was planted. At-| | tempts to offset case against Haupt- | | mann by declaring baby was carried | down stairs by disloyal members of Lindbergh or Morrow households. February 12.—Prosecutor Willentz demands death in electric chair, | branding Hauptmann world enemy No. 1. Concludes plea. February 13—Case goes to jury at 11:23 am. Jury returns guilty ver- |dict at 10:45 pm. Hauptmann sentenced to die week of March 18. Thirty-second day of trial. s BARBOUR SEES VERDICT WARNING TO KIDNAPERS Jersey Senator Praises Judge, | Prosecutor and Jury for Haupt- | mann Case Work. | By the Associated Press. Kidnapers and murderers were told | today by Senator Barbour of New Jersey, they “had best stay away” from his State. In a statement commenting on the Hauptmann verdict, Barbour said: “*Jersey justice’ once more has shown itself to be no mere phrase or slogan, and murderers and kidnapers had best stay away from New Jersey. “Great honor is due Judge Tren- chard for his exhibition of tolerant but unflinching justice and great credit is due Attorney General Wilentz for his never-faltering energy and ! zeal. The jury met their grave and difficult responsibility with fine cour- age, too, and merit the prayerful praise of every father and mother.” Cover Seven Acres. Covering 7 acres, the English Houses | of Parliament are the largest example | of modern Gothic architecture. | together. FISHER CONSOLES MRS. HAUPTMANN Husband’s Chief Confidant Assures Her “We’ll See This Thing Through.” By the Assoctated Press. FLEMINGTON, N. J,, February 4. —Mrs. Anna Hauptmann found con- solation today in Attorney Lloyd Fisher’s words, “We'll se: this thing Fisher, 2 member on her husband's legal staff, spoke to her after the jury’s verdict finding Bruno Richard Hauptmann guilty of killing the Lind- bergh baby. Tears rolled down her cheeks for the first time since the trial began January 2. Fisher, who has been her husband’s chief confidant, came to her side and said: “Now you be brave. Don't show any emotion here. Don’t show anything. We'll see this thing through.” Wife Still Has Hope. Mrs. Hauptmann's chin was quiver- ing, but she tightened her pale lips and left the court room saying: “I still hope and I'm not afraid.” After six weeks, it was all over in 21 minutes. During the first part of the grim proceeding, Mrs. Hauptmann seemed not to grasp what had hap- pened. She heard gray-haired Charles Walton, sr., the jury fore- man, report the verdict and heard the jury polled without moving. Her expression did not change until Hauptmann looked at her, closed his eyes and slowly shook his head. Tears came then in her dull blue eyes, but did not fall until Justice Trenchard began the sentence. Weeps as Jury Leaves. ‘When the crowd began to leave and the jury filed out she looked at the farmers, laborers and housewives who had voted “Guilty of murder in the first degree,” and began to weep anew. Earlier in the trial the plain-look- ing former waitress said, “Few women know what it is to love their hus- bands.” On the eve of the verdict she said: “I keep thinking we'll be back I've done everything I could. I can't think of anything else I could have done. “He told me he did wrong in the old country, but I forgave him and we started all over again. When this is through we’ll start over again.” After the verdict she said, “Life holds nothing for me.” FOUR BILL‘S COME UP House Judiciary Subcommittee to Consider Measures. Four District bills are to be con- sidered tomororw by the Judiciary Subcommittee of the House District Committee. These measures relate to settlement of estates of absentees: amending the code relating to descent and distribution: providing for incor- poration of Trinity College, and unlaw- ful entry of private property. 7 SINGLE ROOM AND PRIVATE BATH wd A DAY AT THE HOTEL TUDOR NEW YORK CITY A new hotel on 42nd Street 2 blocks east of Grand Central Station. 711 Twelfth Street Broadloom Carpets are featured in this Spring Sale The practicability of Broadloom Carpet has made it wonderfully popular—not only for the home—but in offices, hotels, clubrooms, etc., as well. Broadloom is quite the thing—which makes the specials in the Spring Sale highly attractive. Offering over 250 selections in 15 different grades of imported and domestic Broadloom Carpet—all widths 9, 12, 15 and 18 feet—and at special prices up to $11.50 a square yard. Very Special : " Selection of 21 shades in a very high- grade Broadloom—9 and 12.ft. widths— $3s40 Sq. Yd. The advantage of Broadloom Carpet is you can secure any quantity —to cover any floor—matching practically any color scheme. You can buy at these special prices—and we'll hold for later delivery if you wish. W. & J. SLOANE 711 Twelfth Street House Free Parking on 12th St. opposite the store With Dist. 7262 The Green Shutters! WASHINGTON, D. ¢, THURSDAY, FEBRUARY 14, 1935. DEATH GELL READ TORECEIVE BRUNO Convicted Slayer Will Be Taken to Trenton in Next 48 Hours. By the Associated Press. TRENTON, N. J, February 14— The little red brick death house at New Jersey’s State prison, its guard doubleu, was réady for Bruno Richard Hauptmann today. Some time within the next 48 hours the convicted slayer of Charles A. Lindbergh, jr., will be placed in the barred cell facing down the long corridor to the door from which there is no return. Sheriff John H. Curtiss<of Hunter- don County withheld the exact time of the transfer of his prisoner to avold -undue excitement and turmoil from curious crowds. Extra Precautions Taken. Gov. Harold G. Hoffman, who re- ceived word of the verdict as he worked in the executive offices late last night, issued orders immediately that “every precaution” be taken and the death house guard doubled. When Hauptmann enters the high- walled prison, the third place of de- tention since his arrest last Septem- ber, he will walk through the main corridor, across an open yard, and into the death house, in which 5 of | the 18 cells are already occupied. His cell is one of nine in the first tier. There will be several empty cells between him and other prisoners. A light in his cell, as well as those in the corridors, will burn all the time. The present guard of three, who work in eight-hour shifts, will be doubled. Two men constantly will patrol the corridor. Through a small side window op- posite the two tiers and through two gratings in the roof comes the only sunlight, Each Cell Has Bed. The cells are 8 by 12, lughtly‘ larger than those in other wings of the prison. Each cell is equipped with a bed instead of a cot, a chair, table and toilet facilities. At the end of the corridor is the death chamber—dubbed the “throne room” by prisoners. One hundred and ten men have DOBBS HATS entered it since the electric chair was installed there in 1907. ‘There have been few escapes from the State Prison, whose present popu- lation is 1,296. In 1919 one man at- tempted freedom from the death house. He climbed through a sky- light a foggy day, and when con- fronted by a guard, tol he was & trusty going to repair light. The guard let him go but the prisoner lost his direction and jumped inside the prison walls. Hauptmann’s cellmates—none of whom he will see and to none of whom he will talk—will be Michael Mule, George De Stefano and Connle Scarpone, all of Trenton; Kurt Barth, Passaic youth, and James Willlams, colored, of Newark. ‘EGYPTIAN PRINCE’ HELD TO BE MISSOURI YOUTH Prisoner, Self-Styled *“Arthritis Bpecialist,” Will Figure in Di- ploma Mill Charge. By the Associated Press. ST. LOUIS, February 14—An “Egyptian prince,” arrested as a ma- terial witness against George M. Lind- say, charged with selling spurious medical diplomas and licenses, was described by post office inspectors yesterday as a “Missouri farm boy.” The prisoner, known as “Prince Ali Yehia Debeh,” self-styled “arthritis specialist,” was born 33 years ago in “Prince Ali” laughed at the asser. tion he had represented himself as a | sisted his real name was Ali Yehia father, a Frenchman, once lived in Egypt. ‘ Small Louis Holt, Mo,, Inspector A. L. Burt said. | prince to prospective patients. He in- | Debeh and that his paternal grand- | BUT 12 FILM EXTRAS EARN LIVING WAGE Casting Bureau Report Shows Only Six Men Received $2,500 or More in 1934, By the Associated Press. HOLLYWOOD, February 14.—An even dozen men and women film extra fl‘z{e" earned a “living wage” during Motion picture work, according to the Central Casting Bureau's annual Teport yesterday, pald only six men extra players $2,500 a year or more, and only one woman that amount. Five women extras made 'ess than that, but better than $2,000. All of these dozen “high earners” aye dress extras, who are listed on official roles as “class A dress people.” ‘The man who earned the most was Oliver Cross, paid $2,846.25 for 195 days’ work. ‘Women extras were headed by Gale Ronn, ‘who received $2,641.25 for 167 days before the, camera. The report says that 219,859 daily jobs were given about 4,000 extras last year, for which they received a total of $1,984,697.54. 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