Evening star. [volume], February 05, 1935, Page A-4, Image 4

About Evening star. [volume] (Washington, D.C.) 1854-1972

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REILLY CONTINUES
DM HEIDI
Calls Number of Witnesses
to Testify Bruno Was
at Home.
By the Associated Press.
FLEMINGTON, N. J„ February 5.—
Bruno Richard Hauptmann’s defense
today had more alibi and surprise
witnesses ready to throw into the
legal breach in the final drive to win
acquittal for the Bronx carpenter
accused of the Lindbergh kidnap
murder.
Associate Defense Counsel Egbert
Rosecrans professed to have no
knowledge what witness the defense
would call first. He said the decision
rested with Chief Defense Counsel
Edward J. Reilly, and he did nob
know if Philip Moses, Bronx taximan,
would be the first to testify.
Hauptmann, taciturn and expres
sionless, was led in by his guards and
took his accustomed seat.
When Reilly arrived in court a
Short time after Supreme Court Jus
tice Thomas W. Trenchard and the
jury, he said he was considering re
calling Col. H. Norman Schwarzkopf,
State police superintendent, for fur
ther questioning on the kidnap ladder
and reports pertaining to it.
The prosecution staff, Attorney
General David T. Wilentz, Prosecutor
Anthony M. Hauck, jr.; Assistant
Attorney General Joseph Lanigan and
others, assembled about their table
es court was about to convene.
Court convened at 10:05 a m.
The three colonels. Charles A. Lind
bergh. H. Norman Schwarzkopf and
Henry Breckenridge, took their ac
customed places, side by side, back of
the prosecution table.
State Asks Court
To Omit Data.
After the jury had been polled. As
sistant Attorney General Joseph Lani
gan arose to present a petition by Col.
Schwarzkopf to be released from a
duces tecum subpoena served on him
by the defense directing him to pro
duce in court today all his press re
leases from the kidnap date, March
1 to November 1, 1932. photographs.
reports on the ladder and a mass of
other data contained in State police
Investigation records.
The request “is all too indefinite and
uncertain," Schwarzkopf alleged in the
petition which Lanigan argued.
Lanigan read from cases supporting
the State's position. One of which
recited “a mere fishing expedition is
not to be encouraged.”
Reading further authorities. Lanigan
said, "a witness ought not to be re
quired to bring into court all his
papers and documents, without defi
nite specification which are desired.”
“A general subpoena of this char
acter is as unfeasible as a general
search without authority,” Lanigan
concluded.
He urged the court to refuse to
require Col. Schwarzkopf to produce
the police reports asked by the de
fense.
C. Lloyd Fisher began his reply to
the argument.
Fisher said "We feel our position
Is perfectly sound" in asking for the
records. He pleaded unpreparedness
to argue the legal phases of the
case, but contended the subpoena
was very specific in what material It
requested.
"This is one of the major factors
of the case bearing on the question
of criminality involved,” Fisher
argued.
Wilentz interposed, offering to pro
duce "this truckload" of records if
the defense desired.
Fisher said the reports asked could
be brought to court in a brief case.
Renews Requests
For Press Bulletins.
Fisher renewed his request for press
bulletins “over Col. Schwarzkopf's sig
nature” which dealt with the inves
tigation about the time of the suicide
of Violet Sharpe.
Lanigan insisted that the subpoena
did not cover production of such re
ports.
“The materiality is this, your
honor," Fisher went on, “this man
headed the police investigation and
anything over his signature, w'e take
it, is official."
“Unless you can show,” said the
justice, “something is material, in
these releases, for the defense, I feel
I must deny your request.”
Fisher was allowed to reserve right
to cite authorities to support his
position and Justice Trenchard di
rected that the trial proceed.
Mrs. Hauptmann arrived 20 minutes
after court convened and took her
usual seat near her husband.
The defense plan to call Col.
Schwarzkopf as the first witness was
altered after the failure to force pro
duction of his records.
Reilly called as the first defense
witness of the day Philip Moses, un
dersized Bronx taxi driver who carried
his overcoat and hat to the stand
with him. He spoke confidently in a
loud voice.
What is your business? A. Taxi
man.
Q. How long have you been in that
business? A. Eight years.
Q. In New York? A. Yes. the
Bronx
Q. Were you a taxi' driver in the
Bronx in the years 1932 and 1933?
A. Only 1932.
Q. What do you do now? A. Un
employed.
Near Cemetery
Of Ransom Payment.
Q. Were you in the vicinity of St.
Raymond's Cemetery on the night of
April 2, 1932? A. Yes, sir; Saturday
night.
Q. Where were you. A. On my
taxicab.
Q. Where did you keep your car?
A. East Tremont avenue, Mayflower
Garage.
Moses remembeitd making two
trips and then arriving at the ceme
tery about 8 p.m.
The abrupt, loud-spoken answers
of the little, middle-aged man caused
even the defendant to smile.
Reilly introduced In evidence, with
out objection, an aerial view of St.
Raymond’s Cemetery.
Moses identified Whittemore ave
nue. but said the road he was on was
not shown on the photograph.
Reilly then used a State exhibit In
an effort to have the witness locate
the road.
Neither exhibit showed the road
mentioned by the witness and the
effort to locate it was abandoned.
Q. Were you on this road that cuts
through the cemetery, April 2? A.
At first three fellows hailed me.
At this juncture the witness re
traced his narrative and related how
he had come to that neighborhood
He had a call, he said, a little earlier
and was driving to answer it “when
I got a pain in my side.” He stopped
near a “brand-new green car," he
related.
The three men came up to him. he
said. “I called them No. 1, No. 2 and
No. 3.”
Moses was not permitted to tell
what “No. 2" said to him.
“They went into a huddle," Moses
recited, “and then got In my car.
They picked up a fourth man and had
another huddle.”
The party drove to a “gray car”
which was stalled, the little man con
tinued. He said he aided them in
starting it and they drove off.
Reilly turned Moses over for cross
examination. The taxi driver said he
had been around Flemington for two
weeks.
Wilentz produced one of the many
autograph books, circulating in the
town, and Moses identified his signa
ture.
Reilly, in a laughing colloquy with
Justice Trenchard, objected to intro
duction of the book. The justice
"failed to see the materiality.” but
allowed the page with the signature
to be used.
Reilly took an exception.
| Q. You said you were a taxi driver?
I A. Yes, sir.
Q. What other business have you
been in? A. Newspaper business.
Q. What branch of the newspaper
business? A. Newsstand.
Q. Did you do anything else?
A. Worked in Wall Street.
Q. In what capacity? A. Runner.
Q. Have you been an actor? A.
Amateur.
Q. Are you a dancer? A. Huh?
The court room tittered constantly
as Wilentz questioned the cocky little
witness.
The attorney general drew from the
witness he had been hoaxed Into
making a "radio broadcast” since he
was in Flemington. Moses grinned
sheepishly as he admitted his talk
was never broadcast.
Q. Was the broadcast about the
trial? A. Naw, I imitated Will Rogers.
Moses immediately brushed down
some hair over his brow and started
to chew gum furiously in imitation
of the comedian. The audience
laughed.
Q. Are you an adagio dancer? A.
No. sir.
Q. Have you written a song about
I the trial? A. No. I have written a
i song about the unemployed—a beer
| song.
Wilentz next brought out the large
; map of the Bronx and photographs
] of St. Raymond’s Cemetery.
: Lindbergh Joins
Amusnnrm ai man.
! Moses was unable to identify cer
! tain paths in the cemetery, observing
"it’s been built up since.”
Col. Lindbergh joined the general
| amusement attending Moses' testi
i mony.
Moses was excused after he said
receipts for his expenses in Fleming
ton were not kept for reimbursement
by the defense.
Mrs. Maria Mueller, niece of Mrs.
Hauptmann, was the next witness
sworn. A thin-faced woman dressed
in black, she gave her answers to
Reilly in a tremulous, almost inaudible
voice.
Q. Where do you live? A. Bronx,
New York.
Q. You are some relative of Mrs.
Hauptmann? A. Mrs. Hauptmann is
my aunt.
Q. Now do you remember being at
Mrs. Hauptmann’s house on the 26th
of November, 1933? A. Yes.
The date has two significances in
the trial; it was Hauptmann’s birth
day and also the day he allegedly
passed a ransom blU in a Greenwich !
Village theater.
Mrs. Mueller could not recall the
street number of the Hauptmann
home but testified they lived on Two
Hundred and Twenty-second street,
the Bronx.
On the afternoon of November 26,
1933, she testified, she went to the de
fendant's home. She found Mrs.
Hauptmann alone. Hauptmann ar
rived at 4 p.m. and later Isador Fisch
and Paul Vetterle came in.
Q. From the time Hauptmann came
in until he went out at 10 p.m. to take
you home did he leave the house? A.
No.
Mrs. Mueller, in broken English, de
scribed a dress, with a medalion or
nament brought to her at the Haupt
mann home from Germany by Vet
terle. Her mother sent it, she said.
Remembers Party
Given for Fisch.
Reilly directed the witness next to
the bon voyage party December 2,
1933, at the Hauptmann home for
Knew Maid
SAW VIOLET SHARPE
KIDNAP NIGHT.
Copyright, A. P. Wirephoto.
ELISE HAST,
Memphis playground director and
former Hackensack, N. J„ news
paper woman, who said she talked
with the late Violet Sharpe at the
Morrow estate on the night of the
Lindbergh baby kidnaping. She
expressed willingness to testify for
the State If needed.
Upper: Three witnesses for the
defense at the trial of Bruno Rich
ard Hauptmann pictured at the
Flemington, N. J., Court House
yesterday. Left to right: Joseph
Dutt, Peter Sommer and Carl
Joerg. They told of seeing two
men and a woman resembling Vio
let Sharpe carrying a baby the
night of the Lindbergh kidnaping.
Lower: Hans Kloppenburg. a
friend of Hauptmann, shown after
he testified he and the accused
were at Hauptmann's home the en
tire evening of April 2, the night
ransom was paid.
Isador Fisch, who was sailing for Eu
rope in a few days.
Q. Do you remember the party?
A. Yes, I do.
Q. Were you at that party? A. Yes.
Q. Were you there before Isador
Fisch arrived? A. Yes. Fisch ar
rived between 7:30 and 8 o'clock.
Q. Did you see him when he ar
rived? A. No, I was in the bed room.
Q. When did Fisch leave? A. When
the party broke up. About 2 or 3
o’clock.
Reilly asked then if Hauptmann
was always kind to his wife.
"A very nice man,” she replied. "I
mean good to his family, a very re
spectable man.”
Wilentz objected and the answer
was ordered stricken out.
Reilly objected and argued that the
State had injected an Inference of
Improper relation between Hauptmann
and Mrs. Greta Henckel.
Justice Trenchard modified his or
der to eliminate only Mrs. Mueller's
statement that Hauptmann was “re
spectable.”
Q. Did Mr. Hauptmann treat his
wife with respect and affection? A.
Yes.
Reilly ended his examination and
Wilentz taxed the witness on her
memory of the time the party broke
up.
She insisted that the visitors left
between 9:30 and 10 p.m. and not
earlier.
Wilentz sought to elicit from the
witness the Information that she
might have left the Hauptmann house
earlier on the birthday night.
"That’* a Lie,” Says
Mrs. Mueller.
Q. Isn't it a fact that you came
nome at o o ciock ana got supper ior
your husband? A. My husband, he
sometimes works until midnight.
Q. But that night he was home at
6 o’clock, wasn't he, and you came
home from Hauptmann's and got his
supper? A. Oh, no.
Q. Do you remember telling the
Bronx police that nobody drove you
home that night? A. Oh, that's a
lie.
The witness said Hauptmann had
taken her home alone.
Reilly took the timid little witness
for redirect. He brought out the great
distance between her home and the
Greenwich Village Theater, where the
ransom bill was passed. He was obvi
ously seeking to show the jurors it
would be impossible for Hauptmann
to drive her home and then speed
southward to cash the bill.
Mrs. Mueller said that she had
talked to various police officers in the
Bronx after the arrest.
Q. Did you suggest the name for
the Hauptmann baby? A. Yes, be
cause my cousin's baby on the other
side was named Mannfried.
Joseph J. Tartell, a New Yorker who
identified himself as a patron of
Loew’s Theater in Sheridan Square,
was the next witness called.
Associate Defense Counsel Frederick
A. Pope questioned the dark young
man. It became Immediately apparent
the defense planned to use him to
attack the testimony of Mrs. Cecile
Barr, the theater ticket taker who
said Huptmann passed a ransom bill
at her window.
Tartell said he was a frequent vis
itor at the Sheridan Square theater,
"sometimes twice a week.”
He said he knew Mrs. Cecile Barr,
the theater ticket seller.
Q. What personal experience have
you had with Mrs. Barr with reference
to making change during the past two
years?
Wilentz objected to the question as
immaterial.
Pope rephrased it to inquire "just
how good was Mrs. Barr's recollection
of faces and remembrance of people?”
Cashier’s Recollection
Topic of Questions.
Wilentz objected again and Pope
continued his effort to assail the
woman’s recollection of making
change for a ransom bill allegedly
tossed to her by Hauptmann.
Wilentz asked the justice to In
struct the defense attorney to aban
don the line of questioning.
"I will see how far It goes,” Trench
ard said, "and IH deal with it later.”
Q. I ask you If on one occasion
you handed Mrs. Barr a $5 bill?
Another prosecution objection
choked off the answer.
Pope pressed the question, stating
it was the defense’s purpose to bring
out that on an occasion similar to
that on which she identified Haupt
mann, Miss Barr was unable to Iden
9-- ' -
tlfy the witness when he presented a
$5 bill.
Pope for & third time explained to
the court that the defense sought to
question the memory of Mrs. Barr.
“Your questions have been ex
I eluded," the justice ruled.
Pope took ari exception, remarking,
j “That is all then; we will withdraw
' the witness.”
Tartell stepped down and a 5-min
ute recess was called at 11:22 a m.
Court resumed after the recess at
11:34.
A whispering conference of counsel
delayed the resumption of testimony
j taking for a few minutes, and then
Mrs. Louise Wollenberg. a middle-aged
woman In white blouse and short black
jacket, took the stand.
Col. Lindbergh eyed her with the
same interest he has given every wit
ness who has testified.
The woman talked with a German
accent and her answers were calm
and ready.
Mrs Wollenberg. responding to Reil
ly’s questions testified she lived in the
Bronx and made the acquaintance of
the Hauptmann's three weeks after
their marriage.
Knew Hauptmann’s
Friends and Relatives.
The Hauptmann relatives and friends.
Isador Fisch, Hans Kloppenburg, Mr
and Mrs. Mueller. Ernest SchoefHer
(Mrs. Hauptmann's brother) and oth
ers were known to her, she testified.
Q How many times had you seen
Isador Fisch?
A. Three or four times.
Q. Where?
A. Once or twice at the stock mar
ket office where Mr. Hauptmann used
to go.
Q. Were you in that office? A. Yes,
| I was down there. I went in to ask
i how Mrs. Hauptmann was getting on
j I hadn't seen her for some weeks.
| The office mentioned was the up
; town branch office of Steiner Rouse,
where Hauptmann traded.
Reilly then brought up the bon
voyage party for Fisch December 2.
1933. She said she was present and
Fisch was the last of the guests to ar
rive. She did not see him arrive.
The witness told of the arrival of
the guests.
“The last one to come in was Fisch,”
she said.
Q. How late did you stay? A. We
stayed all night, my husband and I.
We slept there.
Q. When did Fisch sail for Europe?
A. I don’t know the date. It was
about a week (after the party).
Were In Parlor
When Fisch Arrived Late.
Wllentt began the cross-examina
tion.
Q. Who was in the parlor when
Fisch arrived? A. Oh, I couldn’t say
mat. i Know my nusDana was mere.
Q. Weren't you all sitting there?
A. I couldn’t remember any more.
I know I and my husband were In
the parlor when Fisch arrived.
Reilly, on redirect, asked If she
had observed whether Hauptmann
always treated his wife with kindness
and respect.
"I can always say-" she started,
only to be interrupted and instructed
to answer "Yes or no."
•‘Yes,” she declared positively, and
she was excused.
Otto Wollenburg. 40-year-old bar
ber. husband of the preceding wit
ness, was called next by Reilly.
He sat on the stand in his black
overcoat, his brown felt hat in his
hand.
Wollenburg told of meeting Hans
Kloppenburg and other Hauptmann
friends at the pleasure trips to Hunt
ers Island.
Q. How long do you know Haupt
mann? A. Five or six years.
Q. Did you ever meet Isador Fisch?
A. Twice.
Q. Where did you meet him? A. At
Hauptmann's house.
Reilly then Inquired if the level
voiced barber knew all the other
guests present at the Fisch bon
vovage party. Wollenberg said he
did.
Q Do you remember mis farewell
party to Fisch at the Hauptmann
home in December, 1933? A. Yes,
very well. I went there with my
wife.
Q. When you arrived give me your
best recollection of the people there
in the house? A. There was Klop
1 penburg, Fisch, Schussler and also
Mrs. Hauptmann’s brother.
Wilents asked only two questions
on cross
Q. You got there, you say, at 10
or 10:30? A. Yes, sir.
Q. Was Mr. Fisch there when you
arrived? A. Yes sir.
"Thank you, mat is all,” the at
torney general said and the barber
stepped down.
Witness Fails
To Respond to Call.
Reilly called for "Mr. Heine or
Elizabeth or Mrs. Heine.” There «u
no response.
He asked next for Mrs. Hoff.
Mrs. Bertha Hoff, a little woman in
a brown hat and black dress, came to
the stand. She told of living in
Brooklyn, but said she never lived In
Manhattan or the Bronx.
Q. DM you spend tome time on the
farm of a man named Budreau? A.
Yes, in the Summer of 1931.
Q. How long?
A. About four weeks.
The woman said she and her chil
dren spent about four weeks on the
Budreau Farm, near Lebanon.
Lebanon Is about 12 miles north of
Flemlngton and approximately 20
miles from the Lindbergh Hopewell
estate.
Q. How long had you known the
Budreau's?
A. About 10 years.
In quiet tones, the witness told of
moving to Corona, Long Island, after
the Summer visit to the Budreau
farm.
Remembers Visit to
Budreau and Another Man.
Q. Now do you remember being
visited In some part of 1933 by Bud
reau and another man?
A. Yes.
Q. When was it?
A.October. It was around Thanks
giving.
Q. But Thanksgiving is In Novem
ber.
A.It must have been November, for
we talked of Thanksgiving.
Q Did you know the man who came
with Budreau?
A. No.
Q. How long did they stay?
A. About a half an hour. The chil
dren came in from school while they
were there.
Q. Is that the man who came with
Budreau (showing picture of Flsch)?
A. Yes.
Q. Do you know the man?
A. Yes, Isador Fisch.
Q. Now, Mrs. Hoff, there Is no doubt
in your mind that Isador Flsch was
the man?
A. No, sir.
Q Did Isador Fisch have any bun
dles with him that day?
Wilentz objected that the "bundles"
were not material to the case.
Reilly explained that the defense
sought to prove that Flsch tried to
get rid of his "bundles" In some other
place.
Wilentz interposed, asserting that
the testimony had no relation to the
package Fisch allegedly left at the
Hauptmann home.
Will Seek to Prove
Fisch’g Connection With Money.
Reilly, flushing, said, "we may as
well have the issue out right now.”
"During the day if I can get my
witnesses here from New York, I hope
to prove Isador Pisch was the man
who Jumped over the (Woodlawn)
Cemetery fence, that he received the
money from Dr. Condon.
"I am going to try to prove how
he tried to dispose of that money. I
am going to trace every connection
of Pisch with that money until he
took the boat for Germany.”
His voice rising, Reilly declared he
would bring out that Pisch sought
to leave the money package "with this
witness and others" before he finally
placed it in Hauptmann's custody.
Wilentz remarked dryly as he fin
ished, "X can find nothing wrong in
the counsel’s statement, but the State
is confident he will never prove any
thing like that.”
"I can find no fault with counsel's
assertion he Is going to prove it,” Wil
entz Interrupted, "but the question
is the materiabUlty of evidence of a
woman who never saw Pisch before
and didn't know what the bundles
contained.”
"I fall to see the materiality now,"
ruled Justice Trenchard.
Mrs. Hoff Steps
From Stand Temporarily.
Reilly asked permission to withdraw
the witness temporarily, while he de
veloped another way of presenting the
testimony.
Mrs. Hoff stepped down and John
E. Seykora, an inspector of the De
partment of Justice, took the stand.
The slightly bald, heavy-set agent,
wearing a blue suit, identified his re
port on investigation of the ransom
payment in St. Raymond's Cemetery.
"Dr. Condon (the intermediary!
toki us he went back several days
later to look for the box in which the
ransom was delivered," Seykora tes
tified.
Q. Not the next day?
A. No.
The agent said Col. Lindbergh was
not present when Dr. Condon made
his search of the cemetery.
Q. Was It then he found a footprint
on a fresh grave near a retaining
wall?
A. I can’t recall.
Q. It’s an open cemetery. Any one
could go there?
A. The gates were not guarded.
Q. Did Dr. Condon tell you how
well he knew that cemetery?
A. Not me.
Q. Did you know he had several
relatives burled In St. Raymond’s?
A. No.
The agent said they had found sev
eral tombstones bearing the name of
Condon in the cemetery. "We subse
quently found out they were no rela
tive* of his. /
Q. Did he tell you he attended fu
nerals In Woodlawn and St. Ray
mond’s.
A. He said In Woodlawn, but not
St. Raymond’s
Q. Did you Investigate Westchester
Creek?
A. Yes.
Q. Is it navigable fcr small boats?
A. I don't know, the mud was deep.
Q. It wouldn’t take much depth for
a rowboat?
A. You would have to get out and
walk.
Q. Did you have alienists examine
Dr. Condon?
A. I don’t know.
Q. Have you ever seen a report of
any examination? A. No sir.
Q. Have you any information of
that fact?
Wilentz objected "it is not a fact.”
Justice Trenchard admonished
Reilly that his questions were be
coming leading.
Questions Agent
On Investigation of Jafsie.
Reilly questioned the agent at
length about the extent of the In
vestigation of Jafsie by Federal
agents.
"Didn't you investigate thoroughly
a man who popped up. took $50,000,
and passed it over a wall or a bush
to a mysterious man when nobody
saw him,” he shouted.
Wilentz objected but the agents was
allowed to answer.
"We investigated to the fullest of
our ability."
Q. Now, in the course of your In
vestigation, did you ever hear of any
examination of Dr. Condon by alien
ists? A. I never heard of any such
examination.
Reilly turned the witness over to
the State for cross-examination.
Wilentz began the cross-examina
tion.
Q. Do you know of any examination
of Dr. Condon by alienists?
A. No sir.
O You know that Dr Condon didn’t
go to the cemetery the next day, be
cause he was up in the skies with
Col. Lindbergh looking for the baby?
A. Yes.
Wilentz drew from Seykora the fact
that Dr. Condon spent his entire life
in the Bronx and was "familiar with
every portion of the Bronx.”
Dr. Condon, Wilentz brought out
was widely known as an educator.
Reilly Interjected.
Q. Did your investigation disclose
that Dr. Condon was an eccentric and
was known to have masqueraded
about the Bronx in woman’s cloth
ing?
A. No. It did not.
Q. Did it disclose that he was
transferred for a reason at a school
downtown?
A. No.
Q. Didn't Dr Condon tell hundreds
of people, thousands of people differ
ent stories about the kidnaping?
A. He told me something himself,
but I didn't question thousands of
people.
Q. What kind of an investigation
of Dr. Condon did you make? Wasn’t
everybody connected with the case in
vestigated? A. «.No answer.)
Denies Hand
Was Stayed in Investigation.
Reilly, stalked over to the witness
Q. Now isn’t it a fact that in a
case of this kind everybody is under
suspicion? A. We try to keep our
minds open.
Q. Did any one in Washington from
the President down ever stay your
hand in the investigation of Dr. Con
don? A. Not in the slightest.
Q. As far as you know. A. Yes.
Reilly asked if the witness knew
what Federal agents were present at
Hopewell at the time of the kidnaping
investigation, but Seykora said he did
not know.
"Don’t you know not an agent of
the Department of Justice was ever
allowed to see the ransom notes at
that time.” he boomed.
Wilentz objected such was not the
fact, and the objection was sustained.
In a very brief re-cross Wilentz
asked If the Federal investigation of
Jafsle had not developed he was a
patriotic citizen, keenly interested in
civic and welfare matters in the
Bronx.
Reilly angrily called the question
"a eulogy of this witness Condon,"
but the witness was allowed to reply.
The Inquiry he said had developed
that information on Condon's char
acter.
He was then excused and the
luncheon recess taken at 12 29 p.m.
Youthful Witness
Withdrawn by Reilly.
Court reconvened at 1:46 p.m.
The jury was polled and the de
fense called as its first witness of the
afternoon session Benjamin Heler.
Heler Mid he lived at 29 Front
street, Brooklyn. He said he was a
writer, but was working as a cashier
In a hospital.
Hls occupations also Included clerk
ship In his brother’s store. The stocky,
curly-haired young man Mid he was
24 years old.
Q. On April 2, 1932, were you out
with a young lady?
A. Yes, sir.
Reilly Interrupted the train of his
questioning to complain against an
outburst of tittering in the court
room. Justice Trenchard warned the
spectators to preserve the proper de
corum.
The chief defense counsel asked
what led the witness to appear for the
defense. The State objected and Reilly
abruptly withdrew the witness with
out further questioning.
Victor Schussler, a thin-faced little
man, was called next. He said he and
his wife occupied rooms in the same
Bronx house that the Hauptmanns
lived in.
The witness in broken English said
he and his wife were frequent visitors
at the Hauptmann flat and knew the
defendant’s friends.
Reilly asked Schussler if he were
present at the farewell party for Fisch
and the witness answered in the af
firmative.
The witness stated he had lived in
the same house with Hauptmann from
August 1,1932, until November, 1934. i
Q. Since Hauptmann’s arrest you i
have missed some of your tools which !
you kept in the cellar? A. Yes.
The thin, sick-looking man in the
witness chair enumerated the tools he
had missed since the Hauptmann ar
rest.
Reilly then surrendered the witness
to the State.
Friend of Hauptmann’s
I« f'lllMl \'PTt
]
Wilentz exhibited the chisel found
at the estate, but the witness could
not identify it. He told his cross
examiner that he had not lost a
plane. Wilentz elicited from him that
he was suffering from heart trouble
and released him with few questions.
Reilly asked if Hauptmann was
kind to his family and Schussler said
he was.
Wilentz returned to the questioning.
Q. Didn’t you tell the police you
wondered why Hauptmann didn't
work?
A. I was wondering why he didn't
work.
Schussler was excused.
Reilly next called Mrs. Matilda
Heyne of Elizabeth, a sl‘/i little wom
an, who was a close friend of the
Hauptmanns.
She told of being at the farewell
party for Fisch at the Hauptmann
home on the night of December 2, j
1933.
Q. Were you there when Mr. Fisch
arrived?
A. I was.
The witness said she did not see
Fisch come in, and the State took
her for a very brief cross-examination
and then excused her.
Otto Heyne, husband of the pre- >
ceding witness, took the stand next, i
He recounted his nine-year friendship 1
with the Hauptmanns and his at
tendance with his wife at the Fisch
farewell party.
Q. Did you see Fisch arrive?
A. No. We were in the front room.
Wilentz took the witness, asking if
Hauptmann didn't tell him in June.
1934, he was working as a carpenter
Heyne said he did not and was ex- i
cused.
Modified Powers Predicted
for President in Handling
$4,880,000,000.
By the Associated Press.
A prediction that the increased
Powers sought by the administration
in its *4,880,000,000 work-relief bill
would be modified, came today 'from
the Democratic side of the Senate Ap
propriations Committee.
Some members of the committee
told that persoas on relief will be with- ;
out funds next Monday unless the bill
is passed—were reported to be seeking
a compromise with the White House.
The extent of the sentiment for
modification remained in doubt. One
member of the committee predicted
that two provisions conferring powers ■
on the President will be eliminated.
Chairman Class said only that
changes of some sort were certain.
Byrnes Defends Powers.
Another Democratic member, Sena
tor Byrnes of South Carolina, spoke
in defense of the freedom sought by
Mr. Roosevelt in handling the huge
fund.
“The President should be given a
free hand in administering the act and
in deciding what work should and
should not tie done by contract,” he
said in an address in the National ,
Radio Forum.
The measure as now worded would
allow the President to select the proj
ects to be carried out with the $4,
000,000.000 provided for ending the
dole. He would be permitted to deter
mine how much should be spent on
subsistence homesteads, rural electri
fication, grade-crossing elimination _
anu un uuwn me usu
Ickes Keeps Hands Off.
To quiet a House group, the ad
ministration recently let Democratic
leaders understand President Roose
velt would run the program himself
instead of Secretary Ickes, public works
administrator. Ickes found Glass and
other members of the Senate com
mittee complimentary to him when
he testified before them, but he quick
ly discouraged a suggestion that the
bill be changed to make him admin
istrator.
“It would be very flattering to me,"
he said, “but naturally I prefer to
have the Joint resolution go through ■
as the President v.ants it.”
Separate Bill Possible.
If the work relief bill should bog
down in Senate debate, observers saw
a possibility that a separate bill might
be introduced to appropriate the *880,
000,000 needed for relief before the
work plan can get under way.
Relief officials say funds supplied
by the F. E. R. A will be exhausted
Monday, except possibly in a few
States. They insist they see no way
to meet this situation except an
appropriation by Congress.
Stolen Utensils Found.
Sight of two unidentified white
men in the yard in the rear of the
home of Arthur Drake, 137 D street
northeast, shortly after 8 last night
suggested an investigation, which re
sulted in Drake finding a satchel
containing silver cooking utensils
valued at *175. The utensils, prop
erty of Elmer Drexler, 504 Ritten
house street, had been stolen from his
parked automobile.
Witnesses for Defense at Hauptman Trial
Copyright, A. P. Wirephoto.
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