Newspaper Page Text
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. RESIDENCE LIABILITY INSURANCE _i.GRIFFIN 4XO..INC Insurance and Surety ponds National 1633 -tiibOs Bldg.-Washington. D.C Mattresses Remade ^P The Stein Bedding Co. 1004 Eya St N.W. ME. 9490 NIGHT COUGH Bad It quick with oae fwillow of Than n* and get restful sleep. Soothes throat Irritation, drives out cold. fMUfin 15 mfco. or money bach. 33c. THOXINE Here’s real medication To Help You Prevent Colds « ... USED IN TIME, HELPS TO AVOID MANY COLDS ENTIRELY THIS is the danger season for colds—the time when they are most likely to lead to serious complications. Don’t neglect that first warning sign. Quick! At the first nasal irri tation, sniffle or sneeze—just a few drops of Vicks Va-tro nol up each nostril. Used in time, Va-tro-nol helps to pre vent many colds entirely. This unique aid in prevent ing colds is especially designed for the nose and throat— where most colds start. Va tro-nol aids and stimulates the functions provided by Nature —in the nose—to prevent colds, or to throw off colds in the early stages. Where irritation has led to a clogged-up, stuffy nose (a well developed head cold or nasal catarrh) Va-tro-nol penetrates deep into the nasal passages — reduces swollen membrances — clears away clogging mucus—brings com forting relief. Powerful yet absolutely safe—for both children and adults—Vicks Va-tro-nol con tains real medication. Its re sults cannot be expected from mere “oil drops.” Va-tro-nol’s effectiveness has been proved in thousands of clinical tests supervised by practicing phy * sicians. Equal effectiveness is shown in its every-day home use—aiding millions to greater freedom from colds. ♦NOTE—for your protection —The remarkable success of Vicks drops—for nose and throat—has brought scores of imitations. The trade-mark Va-tro-nol is your protection in getting this exclusive .Vick for mula. Always ask for Vicks Va-tro-nol. STANDARD SIZE....30c DOUBLE QUANTITY.50c To Help END (a Cold Sooner If a cold has developed or strikes without warn ing, use Vicks VapoRub, the modern method of treating colds. Just rub on at bedtime. Its di rect two-way action—by Stimulation and Inhala tion—loosens phlegm— soothes irritated mem branes — eases difficult breathing—helps break congestion. Often, by morning, the worst of the cold is over. DOBBS HATS Prices Hit a New Low in OUR SEMI-ANNUAL CLEARANCE Formerly $35 $25-5° OVERCOATS OVERCOATS That were $40 Formerly $50 & $45 $2950 $34-50 OVERCOATS OVERCOATS That were $55 That were $60 $39.5° $44.50 These are our Regular Stock Ex cellent Quality Overcoats in a splendid range of selection. You will save sensibly by taken ad vantage of these authentically reduced clearance prices. Sidney West, inc. 14th & G Sts* 1 1 EUGENE C. GOTT, President- »■ \ A -A