' HOFFMAN DASHES
NEW TRIAL HOPES
But Some Lawyers Hold
Governor Misunderstood
I
Trenchard.
B> the Associated Press.
TRENTON. N. J.. March 28.—A
•tatrment attributed to Supreme Court
Justice Thomas W. Trenchard by
Gov. Harold G. Hoffman today that
the Justice could not now legally
grant a new trial to Bruno Richard
, Hauptmann or stay his execution, re
gardless of new evidence, projected
new legal speculation into the case
tonight.
Justice Trenchard could not be
reached for comment, but other high
legal sources took an opposite view
and expressed the belief the Governor
had misunderstood the presiding jus
tice at Hauptmann’s Flemington trial.
Such a ruling would virtually close
, the courts to Hauptmann regardless
of developments.
The Governor said Justice Trench
ard expressed this view to him in
response to an inquiry, and said the
Court of Pardons was still open in
the event of an important develop
ment.
The justice’s purported attitude was
said to be based on an old ruling
that new trials could not be granted
after expiration of a six-months’ per
iod following conviction, except where
it was shown the trial court lacked
jurisdiction or there was fraud in
obtaining the conviction.
This, together with Hauptmann's
new clemency plea to be heard by the
Pardons Court Monday, raised the
question fonight as to what new evi
dence the defense—or Gov. Hoffman
—have discovered in the last 11 weeks.
Until a week ago. C. Lloyd Fisher,
Hauptmann's chief counsel, said he
would ask Supreme Court Justice
Trenchard for a new trial before ask
ing for mercy. Instead, he went di
rect to the Pardons Court, a move
Interpreted as meaning he did not
have enough evidence to warrant a
new trial. Since filing the new clem
ency appeal, however, he has stated
he had sufficient evidence for a new
trial request.
If the Court of Pardons, basing its
decision on the new evidence before
* It, denied Hauptmann's application, it
is considered doubtful that Trenchard
would act. *
That would leave the case squarely
up to the Governor, who has said he
has no legal powers of reprieve, but
may be advised otlierwise before the
time of execution—Tuesday night—
arrives.
-•-—
’ Fares
< Continued From First Paget
the reductions, argued roads else
where had found similar cuts bene
ficial. Aligned against the fare reduc
tions were such lines as the New York
Central. Pennsylvania and the New
York, New Haven & Hartford.
After the B. <fc O.'s victory in th°
commission’s approval of the reduced
fares. W. B. Calloway, general pas
senger agent, said he felt they were
1 “sufficiently competitive with the cost :
of travel by private automobiles, and
by busses to promise a return of some
of the short-haul business to the rail
roads.”
He predicted they would result In
putting "more trains into operation,
so that more frequent and better serv
ice can be offered to the traveling
public.”
FARE DISPUTE IN PROSPECT.
—
Other Eastern Roads Due to Oppose
B. A O. Cuts.
Prospects of a passenger fare dis
pute in the East, similar to that pre- i
cipitated in the South two years ago
by the Southern Railway, was seen
by observers here yesterday with an
nouncement of the Baltimore <t Ohio
Railroad that it would abide by the
Interstate Commerce Commission for
e 2-cent-a-mile basic rate.
When the commission ordered a re
duction of the 3.6-cent basic fare cut
to 2 cents in coaches and 3 cents in ;
Pullmans, with elimination of the Pull- .
man surcharge, effective June 2. East- i
ern railroads got together to study the j
situation. It was announced yesterday
they would ask the commission to
postpone its order pending experi
ments with fares.
Heads of other roads had been hope
ful Willard, who attended some con
ferences. would “go along" with the
experimental fare plan. His statement
today, however, seemingly blasted this
hope, although it was pointed out that
If the other Eastern lines should be ;
successful in procuring a delay from
the commission, Willard might be
blocked temporarily from instituting
the lower fares.
Rail authorities said if the Eastern
lines had gone to the courts for relief
'Willard probably would remain free
to cut the fares. By asking delay,
however, it is possible for the com
mission to refuse to permit the B. <fe
O. to cut rates.
The commission, two years ago,
however, refused to prevent the South
ern Railway from cutting passenger
fares in the South to l'j cents a
mile when other roads protested. The
result is that in the South most pas
senger coach fares are l’i cents a
mile and Pullman fares 3 cents.
Willard attended several confer
ences with the heads of Eastern lines,
but apparently definitely broke off
negotiations at the session here yes
terday.
The open split had been antici
pated in rail circles here. Officials
pointed out that the commission or
der specified exactly the fares Wil- !
lard had been seeking and there thus
would be little reason for him to
‘•compromise” with other roads.
Austrian Industries Boom.
Industrial production in Austria is
breaking records.
“We Build Everything” |
Porches Built, Inclosed
Garages—Fences
Plastering—Painting
; Brickwork—Plumbing
Roofing—Gutter-Spout
STUCCOING
CONCRETING
WATERPROOFING
Guaranteed Euco Method
Done on inside
STONEBRAKED
^^E0RGIA3400n|
Left for the District to Clean Up
A glimpse inttf two back alleys of the Capital gives a graphic idea as to some of the messes
the refuse disposal department encounters. These photographs were made last Summer._
Streets
i Continued From First Page 1_
cover this area even once daily, offi
cials said.
Examples of the reduction in street
cleaning facilities, while this city has
grown daily more littered with filth,
are numerous. Here are a few:
One “white wing" gang numbered
more than 60 during the 1920's. The
gang now delegated to the same area
numbers less than 20.
Another cleaning group has been
more than cut in half in less than i
16 years.
The Refuse Division has been able
to assign only 13 laborers to clean all
paved streets north of Quincy street
in an area bounded by Rock Creek
Park, the Soldiers’ Home, Rock Creek
Church road and the District line on
Eastern avenue.
One of Washington's dirtiest areas—
in the experience of the Refuse Divi
sion—is a thickly populated down
town section bounded roughly by
Third, Fourteenth and 1 streets and
Florida avenue. There are only 17
“white wings” to clean streets in this
territory.
Economies Hard to Fathom.
Some of the alleged economies in
street cleaning appropriations seem
paradoxical. Although 1932 was con
sidered more depressed than current
times, the appropriation was $568,000.
largest in history. It was $526,000 in
1930. when the paved street mileage
was 230 miles less than at present. :
In 1925 there were only 283 miles of 1
paved streets, yet the appropriation :
for street cleaning was $10,000 more
than that for 1936.
Street cleaning foremen recalled
when their men could cover the busi- |
ness districts thoroughly once every
hour or two. They are "lucky," offi
cials said, to complete their tours
once a day now. and in outlying resi
dential neighborhoods can clean their
territory only once every other day,
if that often.
Puzzling to the Refuse Division, !
which finds it one of the greatest hin
drances to adequate street cleaning. ,
is the problem of parked cars. Visitors
frequently comment on the extraor- 1
dinary spectacle of thousands of auto
mobiles lined along Washington curbs
day and night. Their surprise is no >
greater than the fact, but is mild in
comparison with the obstacle which 1
such conditions present to the street
cleaners.
Flushing Not Total Cure.
"Flushes." trucks with high-pressure
sprays that swish dirt off the street,
are able to accomplish only so much.
The dirt is washed into curbings and
the task of cleaning the street thor- I
oughly then becomes a question of
worming under the parked cars and
scooping out the debris that has been
driven there by the flushes.
The problem is driving cleaning
foremen and their men almost to dis
traction. their degree of frustration
increasing in direct proportion to the
Increase in automobiles here.
The parked-car enigma Is com
paratively new. Fifteen years ago
street cleaners found it possible to
"scrub up" from curb to curb with j
a speed almost dazzling contrasted I
with the laborious process of today.
The difference in the number of auto
mobile registrations then and now ex
plains the growth of this serious hin
drance to a clean city. In 1920, there
were 34.161 registrations; in 1925.
103.092; at the end of 1935, 211.158
more than six times the 1920 total,
more than twice the total 10 years ago.
-•
Newcomb Professor Dies.
NEW ORLEANS. March 28 </P).—Dr. ,
Melvin Albert Martin, professor of!
psychology at Newcomb College, died
at Baptist Hospital last night. He
will be buried at West Point. Va.. hi»
native home. Newcomb faculty mem
bers announced today.
Hauptmann
• Continued From First Pag* 1
constructed the kidnap ladder, but
found it was too short and used a rear
stairway to enter the Lindbergh
nursery.
Continuing, the statement said he
took the child from the crib, leaving
the ransom note, and returned to
Trenton in an automobile.
He was quoted as saying he kept
the child at his house for three days,
but the baby fell out of bed. fractur
ing the skull. He added that he took
the body to the Hopewell-Mount Rose
road, where the Lindbergh baby's body
was found, and that no attempt was
made to collect ransom.
Not only were State police at work
on this latest development, but the
Governor's private investigators were
continuing their check-up on the
man's story.
Court'* Power Not Questioned.
The opinion of the prosecution that
the Court of Pardons could reprieve
Hauptmann for an indefinite period
was shared by a member of the State's
highest tribunal.
The Pardons Court has confined
its judgments in the past to pardons,
commutations of sentence and remit
tances, and has never granted a re
prieve.
But this high judicial officer, who
would not permit use of his name, de
clared:
"There is no limitation on the power
of the Court of Pardons and they
could grant a reprieve if they saw fit.
There could be no appeal, as the
court is absolutely supreme.”
Hearn Plea Monday.
The Pardons Court—consisting of
Gov. Hoffman, who has stated he
would grant a reprieve if he could do
so legally, and seven members of the
Court of Errors and Appeals—will
hear Hauptmann’s second clemency
appeal Monday.
It was pointed out. too. that though
Hauptmann's execution hour has
been fixed for 8 o'clock Tuesday night,
the condemned man might live legally
until late Saturday night, at the dis
cretion of Col. Mark O. Kimberling.
principal keeper of the State prison.
The death sentence, as pronounced
by Justice Thomas W. Trenchard,
fixed the execution for "the week of
March 30.”
Col. Kimberling said today that
should the Governor grant another
reprieve, he would ask Attorney Gen
eral Wilentz for advice and follow
it as to whether the execution should
be carried out.
"If the attorney general says I am
legally bound to carry out the order of
the court and disregard the Governor,
that is what I would do.” Kimberling
said.
Revamps His Statement.
Later Kimberling revamped the
statement to read:
"If the Governor grants a reprieve,
[ will seek legal advice from the at
torney general. If the attorney gen
eral tells me I must follow out the
court's orders to execute Hauptmann,
regardless of the reprieve. I propose to
put off the execution until later in the
week. In the interval, I would decide
whether to await a court action to de
ermine whether I should enforce the
ieath warrant or wait until a court
iecision Is rendered on the subject."
Gov. Hoffman has described as "in
:erested” in the new interpretation of
:he powers of the Pardons Court.
A prosecution source also stated a
jelief a reprieve was within the court's
power and that should the court take !
such action, it would not be chal- '
lenged.
This was recognized as a possible
neans for Gov. Hoffman to delay the
;xecution indefinitely while he con
tinued the investigation of the Lind
bergh kidnap case he started several
months ago.
This likewise would not involve the
Governor in any dispute over his own
powers of reprieve, which he has been
informed have expired. The prosecu
tion source said that only a reprievi
by Gov. Hoffman would be challenged.
Gov. Hoffman said today he had no ,
intention of granting a second re
prieve, but was silent on what he
might do in event of a confession or
some other extraordinary late develop
ment.
Five I'pheld Conviction.
Five members of the Pardons Court,
sitting on the Court of Errors and Ap
peals, voted to uphold the conviction
of Hauptmann, and likewise sat at the
Pardon* Court hearing which ejected
Hauptmann's first clemency plea. Two
members of the Pardons Court did
not hear the case in the appeals
court.
Attorney General Wilentz. stating
that Hauptmann is "as guilty today as
he was the day he was convicted," has
| reiterated that there ls no power in
the Governor's reach that will permit
any further delay in the execution.
The Governor, however, might base
a second reprieve on one gubernatorial
precedent—a case in which Gov.
Edward I. Edwards reprieved a man
after the 90-dav period had ex
pired, but his statement to the Asso
ciated Press today that he had "no
intention" of staying the execution
left only slightly ajar the door to
Hauptmann's strongest hope.
Wilentz, in his statement today
replying to the Governor's criticism
of the conduct of the case, did not
make public his position on another
reprieve. He said the Governor had
indicated he would ask him his opinion
and that he could "withhold it until
that time.'*
"Nothing Has Happened."
Wilentz said ‘nothing has hap
pened” to change the decision of the
New Jersey Court of Errors and Ap
peals that the "proofs point unerringly
to guilt.”
"We dispute the right of the Gov-v
ernor to place the prestige of his office
behind his latest accusation that
'the case reeks with unfairness, pas
sion and prejudice.' ” Wilentz said.
"He usurps the functions of the courts
when he attempts as Governor to
pass upon this phase of the case.”
A high source said today that Haupt
mann's chances of escaping the chair
next Tuesday, in view of the Gov- i
ernor’s no-reprieve statement and the
onee-adverse decision of the Pardons
Court, are 1 to 100.
The "new evidence" which C. Lloyd
Fisher. Hauptmann's attorney, said
he possessed and on which he said he
believed a new trial could be granted,
was still undisclosed tonight. One of
the Governor's investigators. Robert
W. Hicks. Washington criminologist,
flew in today with reports on the re
sults of his investigation on Cuban
angles of the case. The Governor
expressed deep Interest.
Fiseh Signature Identified.
One of Hick's investigations con
cerned a report that Lindbergh ran- j
som money had been offered for sale
in Cuba by Isidor Fisch. the man
Hauptmann blames for all his trouble.
Dr. Alfonso Gonzales told Hicks of
having seen the letter and he said
the signature was identical with signa- .
lures of Fisch that Hicks showed him. J
Hicks also showed the Governor an
affidavit by Samuel W. Garelick of
Bayonne, N. J. mow serving a life
sentence for extortion) concerning a
reputed meeting at Miami between
Garelick and Dr. John F. Condon
tJafsie) in Uecember, 1934—only a
few days before the opening in Flem
ington of the Hauptmann trial. This
evidence is intended to show that even
on the eve of the trial. Dr. Condon was
not satisfied In his Identification of
Hauptmann.
Despite all Indications to the con
trary, including the Governor's own
statement, the prisoner himself re
fused to abandon hope. He faced a
lonely week end. His wife Anna did
not visit the prison today, and no
visitors are permitted In the death
house on Sunday. Her last chance to
see her 36-year-old husband—unless
his execution Is stayed—will come
Monday.
Won’t Visit Hauptmann.
Gov. Hoffman, who paid a surprise
visit to Hauptmann in the death house
last October, said In his Interview with
the Associated Press that he had no
Intention to go there again.
"Would you visit him again If a re
quest came?” he was asked. His
answer was:
"It Is impossible to say what I would
do until the occasion arises.”
"Do you Intend to see Dr. Condon
(Jafsiei?”
"It would be futile. I will not visit
him in his home and the conditions
he has outlined would make It Impos
sible for me to question him as I de
sire.”
The Governor continued:
"I shall continue my investigations
of the Lindbergh case, regardless of
whether Hauptmann is executed. I
believe several persons were Involved
in the kidnaping and I intend to do
everything I can to obtain a full so
lution. One reason why some people
want Hauptmann to die Tuesday
night is their belief that his death will
end interest in the case and discrep
ancies will be forgotten. However. I
have no definite plan as yet for pur
suing the investigation.
G-Men Consider Case Closed.
“I have no interest in Hauptmann
as a man. I have three children my
self and if I were satisfied Hauptmann
was guilty I'd be willing to pull the
switch myself. My action in pro
longing his life was in the Interests
of justice and a full solution of the
case.”
f rom Washington during the day
came word that the Department of
Justice regarded the case as "closed”
so far as Federal participation is
concerned. Secretary of Interior
Ickes, however, advised Gov. Hoff
man that the services of Arch Lonev,
department wood tester, would be
available to him. if wanted, though in
a "strictly personal capacity.”
I,oney is the wood expert who has
expressed doubt concerning the "wood
evidence” which was regarded as so
important in tracing the kidnap lad
der timber to the attic of Haupt
mann's Bronx home.
ZIED RESIGNED TO FATE.
Man Slated to Die With Hauptmann
Await* Hour Quietly.
TRENTON, N. J , March 28 —While
storms of controversy and speculation
whirled about Bruno Richard Haupt
mann. the prisoner who has been con
demned to be his partner in death sat
quietly in his cell tonight awaiting
the fatal hour.
Charles Zied. 37. Philadelphia gang
ster. Is the man who has been paired
with Hauptmann for Tuesday night's
match to the electric chair, but unlike
the German carpenter he has no hope
of salvation.
Zied was sentenced to die for the
murder of William T. Feitz, jr., a
Camden detective, on September 2,
1934. 17 days before Hauptmann's
arrest.
Although the order of their going
to the chair will remain tentative un
til shortly before the zero hour, it was
believed that Zied would go first. In
that event he would pass the Lind
bergh baby kidnaper's cell. Haupt
mann, who occupies the cell nearest
the death chamber, already has
watched five men walk past, never
to return.
Zied was a reputed member of the
notorious "tri-State gang."
—-•
THREE SHOT TO DEATH
Couple and Child Found in Home
of Wife's Sister.
GREENVILLE. S. C. March 28
—Dewev T. Blackwell. 30-year-old tex
tile worker, his wife and their 6-year
old son were found shot to death late
today in the home of Mrs. L. E.
Sanders, sister of Mrs. Blackwell.
After an investigation, police said
Blackwell had slain his wife and son,
and committed suicide. Mrs. Black
well. they said, had left him after a
quarrel and gone to stay with Mrs.
Sanders.
Poliitcal Effect of Hoffman
Probe to Be Felt for
Long Period.
By the Associated Press.
TRENTON. N. J., March 28 — Bruno
Richard Hauptmann may die in the
electric chair Tuesday night or he
may live, but there is little doubt that
the "reopened Lindbergh case investi
gation” will have its effect on the
political life of Gov. Harold G. Hoff
man and the State for many a day.
Even Hoffman's stanchest political
allies shake their heads when the
case is mentioned.
None pretends to be able to forecast
the future in politics of the jovial young
Republican who went into office while
most other candidates of his party
throughout the Nation were falling
under the Democratic deluge of 1934.
All agree that Hoffman's chances
for a place on his party's 1936 na
tional ticket have passed unless some
startling development comes from his
investigation. So far as has been
disclosed to date the four-month In
quiry has produced nothing tangible.
Throughout Hoffman has maintain! d
that his only interest is to see that
justice is done, that he does not j
believe the case is solved or that I
Hauptmann was alone in the crime, j
and that he cares not what his activ
ity doe» to his political future.
Other Ambitions Claimed.
On the other hand, there are those 1
who profess to see in the Governor's !
interest in the case a continuance of |
a political “feud” with the Democratic 1
attorney general. David T. Wilentz; !
a desire to oust Col. H. Norman
Schwarzkopf, superintendent of the
State police; an attempt to gain pub
licity on a nationwide scale to aid
him in his ambitions.
The Hoffman-Wilentz ’'feud,'* ac
cording to well-informed sources, is
I nothing more than the usual difference
of opinion between rival political
leaders. They both come from Middle
; sex County, Hoffman's home being in
South Amboy, Wllentz's in neighboring
Perth Amboy. j
As with many politicians they have ,
run the gamut of invective during j
rampalgns and after election have j
shaken hands.
The Governor and Col. Schwarzkopf
oave been on friendly terms in the
jast and. although their relations
nave been somewhat strained since
he new investigation of the case, the
Governor has given no public indica
tion as to his attitude toward re
appointment of the State police head,
whose term expires in June.
Too Wise for "Long Shot.”
Hoffman's supporters contend he is
too wise to play such a “long shot” as
the Lindbergh case except for a sincere
belief that justice is not being done.
Democrats have adopted a "hands
off” attitude in the matter, feeling
that, the courts having acted, any ex
pressed criticism might rebound, par
ticularly if the Governor should de- '
velop something worthwhile. In the
Legislature they have sat back mostly
and let any direct or indirect attack
on the Governor's activities come from
members of his own party.
Whatever the reasons for Hoffman's \
many moves and statements on the
case, the final result, good or bad, will
tell on him politically.
Some political observers expect the
ictivitles to figure not only In the com*
ng State political battles, but also In
.he national campaign within the
State.
COLLEGE PROFESSORS’'
PAY CUTS REVF.ALEC
By the Associated Press.
College presidents and professor*
got depression pay cuts like most
everybody else—if not more so.
The Federal Office of Education re
ported yesterday that 400 deans in
land-grant colleges—the institution*
which receive Government aid—got
••madian” salaries of $5,193 in 1928
and $4,187 in 1934.
• Median is the figure equidistant
from the largest and the smallest, and
was used instead of a general aver
age.)
y* a . • .1 rt r
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