NEW JERSEY v BRUNO RICHARD HAUPTMANN: TESTIMONY OF JOSEPH PERRONE, 15TH STATE WITNESS



January 8, 1935

[512] JOSEPH ANTHONY PERRONE, sworn as a witness on behalf of the State:

Direct Examination by Mr. Wilentz:

Q. In March, 1932, Mr. Perrone, where did you live? A. I lived at 2010 Powell Avenue.

Q. Where is Powell Avenue? A. In the Bronx. Q. That is in the State of New York, is it not? A. Yes, sir.

Q. It is part of the City of New York? A. Yes, sir.

Q. Powell, is it P-o-w-e-1-1? A. That is right. Q. And, in March, 1932, what means did you follow for a livelihood? A. Taxicab chauffeur.

Q. Employed by whom? A. Rosenblatt.

Q. They operate a chain of— A. Taxicabs.

Q. And, how long had you been employed as a taxi driver? A. For Rosenblatt Brothers?

[513] Q. Any place? A. I have been driving sixteen years, if that is what you mean.

Q. You will have to talk above a whisper, because you have got the entire jury to talk to here and this gentleman sitting way in the corner has got to hear it. A. Sixteen years.

Q. As a taxi driver? A. Yes, sir.

Q. What is your present occupation? A. Present occupation, I have been working at the C. W. A.

Q. C. W. A.? A. Yes, sir.

Q. Now in March, 1932, I think you said you were living in the Bronx? A. Yes, sir.

Q. Are you living in the Bronx now? A. Yes, sir.

Q. In your capacity as a taxi driver did you have occasion to visit the home of Dr. John F. Condon? A. Yes, sir.

Q. At what address? A. 2974 Decatur Avenue.

Q. What date was it, if you remember? A. March 12th, 1932.

Q. What was the occasion of your visit to the home of Dr. John F: Condon? A. I had a man give me an envelope addressed to Dr. Condon.

Q. Who is the man that gave you that envelope? A. Bruno Richard Hauptmann.

Q. Is he in this room? A. Yes, sir.

Q. Come down and point him out, please.

(Witness places his hand on shoulder of man in the courtroom.)

A. That is the man.

Q. All right. Just go back. Indicating the defendant, Bruno Richard Hauptmann.

Mr. Reilly: Did the stenographer get the defendant's answer?

[514] Mr. Wilentz: That is the defendant.

Mr. Reilly: But did the stenographer get the defendant's answer?

Mr. Wilentz: I object to the interruption.

Mr. Reilly: I want the record correct.

Mr. Wilentz: The record will be correct, but if the stenographer wants it corrected, she does not need the assistance of eminent counsel.

The Court: If there is any question of how the record stands, the stenographer may read the record and we will see about it.

(The reporter read the record as above recorded.)

The Court: Well, now we see how the record stands.

Mr. Reilly: I move that the record be amended to take the answer of the defendant to the witness.

The Court: The record is presumed to be correct. I have no reason to doubt that it is incorrect.

Mr. Reilly: I am prepared to show proof right now, by five or six people here, that the defendant made an answer to the accusation of the witness, and I believe it belongs in the record. I am sorry the stenographer didn't hear it. We all heard it.

[515] Mr. Wilentz: I did not hear any answer.

Mr. Reilly: We all heard it—the press heard it.

The Court: The press may be called as witnesses at the proper time, Mr. Reilly. If there is any such thing as that, you will have an opportunity at the proper time to show what was said; but let the record stand as it is for the moment.

Q. All right now, sir, tell us the circumstances under which this note or paper was given to you which you just stated you delivered to the home of Dr. Condon on that day in March? A. There is a little noise, Mr. Wilentz, I didn't get you.

Mr. Wilentz: All right, it has quieted down now, and I will ask the stenographer to repeat the question.

(The reporter repeats the question.)

A. You want me to describe how I got it?

Q. Just exactly what happened when you received that note and just prior to that? A. I happened to be on a hack stand—

Mr. Reilly: We can't hear a word you say.

Mr. Wilentz: All right, I will try to regulate it in some way.

The Court: There seems to be no reason that I know of why this gentleman here should not speak so that everybody here in the imme- [516] diate vicinity of the witness should not hear him.

Mr. Wilentz: Yes, sir.

The Court: He seems like a good strong healthy individual. Now, won't you speak up in very much the same tone of voice that employed?

The Witness: Yes, sir.

The Court: Yes, so that we can all hear.

A. I happened to be on a hack stand at Marsholu Parkway and Jerome Avenue, March 12th.

Q. Is that in the Bronx? A. Yes, sir. While on the hack stand, I had a young man ask me to drive him to 3440 Knox Place. After discharging this fare, I drove east on Gun Hill Road and when I got—

Q. Take your hand down. You. drove to Gun Hill Road. A. Yes, sir.

Q. What happened then? A. I arrived at Knox Place in Gun Hill Road and a man came running to me with his hand raised motioning me to stop. I stopped my cab and this man tried to open the front right side of my door and I motioned to this man to wait a minute, that I would lower the window which I did. This man kept looking around first before he ever said a word to me. When he did he asked me if I knew where Decatur Avenue was. I told him I did, that I was familiar with the neighborhood. With that he put his hand in his overcoat pocket and brought out an envelope, looking at the envelope he said, “Do you know where 2974 is?” I said, “Yes, I am familiar with the neighborhood.” This man, [517] looking around, again put his hand into the very same pocket and gave me a dollar bill to deliver the envelope.

Q. Did he ask you to deliver it? A. No, sir; he did not.

Q. Just gave you the envelope and a dollar? A. Yes, sir. And when he did that he walked to the rear of my cab and put his hand in his pocket; now, I don't know which it was, and taking down my license plate number.

Mr. Reilly: I object to that as calling for a conclusion.

Q. Well, he was writing something? A. He was writing something.

Q. And when he was writing, right immediately prior to his writing, were his eyes focused or directed at anything, as you saw it? A. Yes, sir.

Q. What was it? A. Right at the license plate number.

Mr. Reilly: Well, that is a conclusion. I object to it. The man might have been looking at the back of the car.

The Court: Well, he says looking at the license plate. I suppose that is competent testimony, for what it is worth.

Mr. Reilly: Yes.

Q. How did it happen that you observed that when you are seated in front and he is in back? A. Well, the way he acted, I had my eyes on him—

Mr. Reilly: I object to the way he acted.

[518] A. (continuing)—from the moment he gave me the note and started speaking to me, and he—

Q. Did you look around? A. Yes. And he had to go like that (illustrating) to me before I left.

Q. From the back? A. From the back.

Q. When you say he went like that, you are motioning with your hand, your right hand? A. Yes, sir.

Q. And waving your hand away from you? A. Yes.

Q. Is that the manner in which he waved that night? A. That is right.

Q. And where was he when he was waving his hand that way? A. In the rear of my taxicab, at the rear of my taxicab.

Q. And you saw him while he was doing it? A. Yes.

Q. Was the wave directed to you? A. Yes, sir.

Q. And as the result of that wave, did you comply with it and proceed then? A. I did, yes, sir.

Q. Where did you go then? A. I drove south on Jerome Avenue—

Q. Still in the Bronx? A. Still in the Bronx.

Q. Yes. A. When I passed the hack stand I showed this letter with the dollar; I waved it to another cab driver on the hack stand that I had just previously left.

Q. What was his name? A. James O'Brien.

Q. Did you then proceed? A. Why, he asked me where I was going with the letter.

Q. Yes. A. I told him to—

Mr. Reilly: I object.

A. (Continuing) I said—

Q. Well, whatever you told him, you told him something and then what did you do? A. I delivered the envelope.

[519] Q. When you got to Dr. Condon's home what did you do? A. I rang the doorbell.

Q. And who came to the door? A. Dr. Condon.

Q. And what happened? A. He asked me would I step inside.

Mr. Reilly: I object to what he asked him.

Q. Well, at any rate, what happened? Not what he asked you. What did you do? A. I gave the envelope to Dr. Condon.

Q. And did you give him your name or anything? A. Yes, sir; I did. Dr. Condon asked me would I know this man again if I saw him, and I told Dr. Condon—

Mr. Reilly: I object to what he told Dr. Condon.

Q. Well, never mind; never mind. Counsel objects to it, and we will forget that part of it. At any rate, you delivered the note, didn't you? A. Yes, sir.

Q. And you left? A. I left.

Q. Do you know what the fare was, taxi fare from the point that you got this note to Dr. Condon's home? A. Yes, sir.

Q. How much? A. When I got there?

Q. You got a dollar, in other words? A. Yes, sir.

Q. How much was actually the cost of the fare? A. Why, fifty cents.

Q. So that the dollar bill paid for the fare and some money besides? A. Yes, sir.

Q. What time of the night was it, what was the weather condition at the time and what have you to say as to the visibility at the point and place at which you received this note? A. Well, there was an arc [520] light there right underneath the street light.

Q. Yes? A. And plenty of light there.

Q. What time of the night was it? A. Between the hour of 7:45 and 8:30.

The Court: What time?

The Witness: Between the—

The Court: What time?

Mr. Wilentz: 7:45 and 8:30, did you say?

The Witness: Yes, sir.

Q. Was Dr. Condon's name on the envelope written on the envelope? A. Yes, sir.

Q. That was given to you by this man? A. Yes, sir.

Q. Do you know where Woodlawn Cemetery is? A. Yes, sir, I do.

Q. How far is it if you know from the point at which you received this note? A. Oh, about two miles.

Q. Do you know where St. Raymond's Cemetery is? A. Yes, sir.

Q. How far is it from there? A. It is quite a little ways.

Q. Well, about how far? A. About five or six miles.

Q. Do you know where— How far is it from Condon's home? A. Oh, about four or five, I should say, I think.

Q. Four or five what? A. Miles.

Q. To Condon's home from this place where you received the note? A. No, not from where I received the note.

Q. I want to know from the place where you re- [521] ceived the note to Dr. Condon's home. A. That is about a mile.

Q. Have you since learned where Mr. Hauptmann the defendant, resided at that time and now resides, or did reside? A. I don't get that.

Q. Do you know where East 222nd Street is in the Bronx? A. Yes, sir.

Q. And about where 1279 East 222nd Street is? A. Well, I don't know just about where it is.

Q. Since his arrest, have you seen his home in the Bronx? A. Yes, sir.

Q. How far is his home in the Bronx from the place that you received this note? A. Why, about three miles.

Q. About three miles. All of these places are in the Bronx that I mention? A. Yes, sir.

Q. And that man that you are talking about, when you talk about the man that stopped you, the man that waved his hand and the man that did this and that, you are referring to one man, are you not? A. That is right.

Q. Who is the man you are referring to? A. Richard Bruno Hauptmann.

Q. The defendant in this case? A. Yes, sir.

Q. Now Perrone, there is no question in your mind is there or is there any question that this is the man, Hauptmann, that gave you that note that night in March?

Mr. Reilly: I object to that.

Mr. Wilentz: I withdraw it.

Q. Is there any question at all in your mind as to the identity of Mr. Hauptmann being the man that gave you this note?

[522] Mr. Reilly: Again I object. He has already answered.

Mr. Wilentz: If he does not want it that certain, let it go at that. Take the witness.

Mr. Reilly: It is not what I want. The rules of evidence provide for certain things.

Mr. Wilentz: All right then, I will withdraw it.

Cross-Examination by Mr. Reilly:

Q. Who did you come down here with today? A. Today? I came down here with a State trooper today.

Q. Keep your voice up. State troopers? A. Yes.

Q. Did they come to New York and get you? A. No, sir.

Q. Where were you? A. I was sleeping in the barracks in West Trenton.

Q. How long have you been sleeping in the barracks? A. Well, I arrived here yesterday morning by train and I slept there last night.

Q. You are working now for the C.C.? A. C.W.A.

Q. What are you doing? A. Why, I am painting, painting in the park, in the Bronx.

Q. How long have you been doing that? A. Oh, I have been on the C.W.A. now close to two years.

Q. How did you obtain the position? A. Of painting?

Q. How did you obtain the position? A. Why, through the business in the taxicab business I couldn't earn enough living at it so I had to apply for work at the C.W.A.

[523] Mr. Wilentz: A little louder, please.

Q. You gave up the taxicab business to apply for the C.W.A., is that your answer? A. No, sir, I didn't give it up.

Q. Let's have the right answer.

Mr. Wilentz: Let's have the answer he gave if you don't mind, please.

The Court: Let the stenographer read the record.

(The reporter read answer as follows: “Why, through the business, in the taxicab business I couldn't earn enough living at it so I had to apply for work at the C.W.A.”)

Q. Well, now, how much were you making a week in the taxicab business just before you applied for the C.W.A.? A. Why, not quite twenty or twenty-five dollars per week.

Q. And what are you making now with the C.W.A.? A. I get forty-eight dollars per month.

Q. Forty-eight dollars a month? A. Yes.

Q. And how much is that a week, $48 a month, and how much is that a week? A. Well, that is $12 a week. I work one week on and one off, I get two weeks a month; that is every other week I work.

Q. That is, you get $48 a month? A. Yes.

Q. $12 a week—Or $24 a week, when you work every other week? Which is a hundred a month? A. Not quite that much.

Q. Don't you know you secured your position with the C.W.A. through the influence of people connected with this case? A. No, sir; I did not.

[524] Mr. Wilentz: Just a minute. I object to counsel asking that type of question unless he has a basis for it.

The Court: Well, the question has been answered, and the answer may stand.

Q. Just what date did you give up the taxicab business? A. I didn't give it up, Mr. Reilly.

Q. Well, just what date did you stop driving a taxicab? A. I am still driving a taxicab, Mr. Reilly.

Q. When? A. What do you mean, when?

Q. Are you working for the C.W.A., or are you driving a taxi? A. I am doing both.

Q. Then you have two jobs. A. That is right.

Q. Don't you know that is prohibited by the C.W.A.?

Mr. Wilentz: I object to that.

A. No, sir; it is not.

The Court: Mr. Reilly, I cannot see that that is material.

Mr. Reilly: It goes to the credibility. He is throwing himself on the mercy of the City of New York, and we are giving him a job in the C.W.A., paying $12, a week, and at the same time he is driving a taxicab.

Mr. Wilentz: He happens to be less fortunate than some of us, who don't have to do that.

Mr. Reilly: That isn't the practice of our rules in New York, applications for relief—

[525] The Court: Your implication is it has a tendency to affect his credibility?

Mr. Reilly: Yes, sir.

The Court: Let him answer.

Mr. Wilentz: What is the question? Let us have the question and the answer.

By Mr. Reilly:

Mr. Reilly: What is the question and answer.

(Reporter repeats the last question and answer: “Q. Don't you know that is prohibited by the C.W.A.? A. No, sir; it is not.”)

Q. Who told you it was not prohibited—? Withdrawn. The C.W.A. is relief, isn't it? A. Yes, sir.

Q. From the Government? A. From the City, I think.

Q. The City? A. Yes, sir.

Q. For those who are unemployed? A. That is right.

Q. Now, don't you know that if they knew you were driving or had any other employment, you would not be permitted on the rolls of the C.W.A. charity relief? A. Not at the time I applied for it.

Q. Well, you are still there, aren't you? A. I am still there, yes, sir.

Q. Now, have you been ever convicted of any traffic violation?

Mr. Wilentz: Just a minute; just a minute. Now, please, young man—Of course, I object to it, because my understanding of the law is it is not permissible, not admissible and not ma- [526] terial, whether he has been convicted of a traffic violation, even a man charged with a traffic violation, as I understand it, the question wouldn't be admissible, it is not a crime.

The Court: You may ask the witness whether or not he has ever been convicted of a crime.

Q. Have you ever been convicted of any crime? A. No, sir.

Q. Now, the taxicab chauffeurs of New York receive their permits to drive from the Police Department, don't they? A. That is right.

Q. And they renew them each and every month? A. Each and every year.

Q. Each and every year? A. Yes.

Q. Do they get a monthly ticket, as they formerly did, to put on the front of their taxicab? A. Well, that is the insurance.

Q. That is the insurance. That must be checked up monthly, once a month? A. Every month, yes, sir.

Q. And how often does the taxicab chauffeur report to the hack license, Police Department? A. Well, they report there every three or four months for inspection.

Q. And you reported to the Bronx? A. That is right.

Q. Now, for the purpose of this jury will you tell them how large the Bronx is, where it begins? A. What do you mean by that?

Q. Well, coming up, let's come up Third Avenue; part of Third Avenue, New York, is in the Borough of Manhattan, correct? A. That is right.

Q. Where does the Bronx begin at Third Avenue? A. Well, as soon as you get over the bridge.

Q. Well, what street is that? A. Well, 134th Street, if you went over the Third Avenue Bridge.

[527] Q. Now, then, the Bronx would extend to Spuyten Duyvil, would it not? A. Spuyten Duyvil.

Q. On one side. A. I don't know—

Q. That is the Hudson River side. A. That is right.

Q. I thought you knew the Bronx.

Mr. Wilentz: I move that that be stricken out.

A. I am very well acquainted with the Bronx.

Q. How long have you lived in the Bronx? A. I have been living in the Bronx since 1927, I believe.

Q. Well, you don't want to convey the impression here to this jury that the Borough of the Bronx is something about 15 or 20 blocks or 30 blocks, do you? A. No.

Q. It is a fact now, as I test your recollection, is it not, that one portion of the Bronx runs to Spuyten Duyvil on the Hudson River? Do you know where Spuyten Duyvil is? A. Yes, I do.

Q. Is that not correct? A. That's right.

Q. Is that not the border line of the Bronx? A. Spuyten Duyvil? I believe it is.

Q. Now as you go up the other side of the Bronx, the east side of the Bronx, it extends to Yonkers Line? A. Yes.

Q. Do you know of Van Cortlandt Park? A. Yes.

Q. It is a large area in the City of New York, is it not? A. Yes.

Q. You have been driving in the Bronx how many years? A. Oh, I have been driving in the Bronx about six or seven years.

Q. Now on this particular day it had already been published in the newspapers, had it not, in the Bronx News and other papers, Dr. Condon's connection with this case? A. Not that I knew of at the time.

[528] Q. That came out March 7th, 8th or 9th, didn't it? A. I don't know anything about it.

Q. Don't you read the papers? A. Not the Home News at that time.

Q. Did you read any papers about this case?

Mr. Wilentz: When? A little louder, please. My objection, however, was to the fact as to whether he ever read any papers—if counsel would not mind, he might make it a little more definite as to time. A little louder.

Q. Had you read about the Lindbergh case? A. After it happened, yes.

Q. Now what day of the week was this you say this happened, the incident of the envelope and the dollar? A. March 12th, 1932.

Q. What day of the week? A. Saturday. Saturday evening.

Q. Sure about that? A. Positive.

Q. Now what time did you have your car out that day? A. I got out of the garage about 4:30 that day.

Q. What was your first call? A. I don't know.

Q. What was your second call? A. I don't know.

Q. Describe the passenger that you had for the first call? A. Pretty hard to do, Mr. Reilly.

Q. Describe the second? A. That's the same answer on that.

Q. Was the first a man or was the second a woman or vice versa? A. Pretty hard to say.

Q. Describe the third passenger, if you had one? A. Can't do it, Mr. Reilly.

Q. Describe the passenger just before you received the letter? A. A young man.

Q. Driven from where to where? A. Mosholu Parkway and Jerome Avenue.

[529] Q. Young man? A. Yes, sir.

Q. What was the fare for that young man? A. Fifteen cents.

Q. As you were returning back to your cab stand, you say this incident happened. A. That is right.

Q. You were coming down this parkway. A. Gun Hill Road.

Q. Gun Hill Road. Where does that run? A. Well, that runs all the way over to the Boston Post Road.

Q. Isn't that in the middle of a parkway or near a parkway, Gun Hill Road? A. Well, it is right opposite Van Cortlandt Park.

Q. It runs from Van Cortlandt Park, through Van Cortlandt Park to where, to the Boston Post Road? A. No, not the Boston Post Road.

Q. Does it connect with the Boston Post Road, Gun Hill Road? A. Gun Hill? Let me see. Yes, it does.

Q. Yes. Now, as a matter of fact it is a connecting link between Van Cortlandt Parkway and around the Bronx River Road, is it not, over to the Bronx Parkway? A. What do you mean, the Bronx Parkway?

Q. Well, I will withdraw it. Where do you say Gun Hill Road begins? A. Gun Hill Road begins at right from Van Cortlandt Park.

Q. Van Cortlandt Park? A. That is right.

Q. Is that the left hand side, the North River side of Van Cortlandt Park? A. That is right.

Q. Now, Van Cortlandt Park, for the benefit of the jury, is a park that extends at least three and a half or four miles up Van Cortlandt Avenue, is it not? A. Van Cortlandt Avenue?

Q. To the Yonkers line. A. That is right.

Q. And begins at the bridge across the Hudson River. A. That is right.

[530] Q. As you come under the elevated, is that correct? A. That is right.

Q. Now, over to the right, miles away begins—A. Gun Hill Road.

Q. Gun Hill Road is in the middle and connects, doesn't it? A. No, it begins right from the park.

Q. It begins on the right hand side—or the left hand side, of Van Cortlandt Park, doesn't it? A. Yes.

Q. It begins near the old George Washington Headquarters; do you know where that is, in Van Cortlandt Park? A. Yes, that is right.

Q. Yes. Now, on the far side of Van Cortlandt Park are these roads which run into the different parkways—Boston Post Road and the other parkways which extend up into Westchester. Correct? A. That is right.

Q. And Gun Hill Road is the connecting link between those two? A. Not that far.

Q. Well, you can ride through? A. That is right.

Q. And you were riding through it that night. A. That is right.

Q. Now, at what portion of that Gun Hill Road do you say a man waved to you? A. Knox Place in Gun Hill Road.

Q. All right. Was there anybody with you? A. No, sir.

Q. What time at night? A. Between the hour of 7:45 and 8:30.

Q. Well, that is three-quarters of an hour, isn't it? A. That is; yes, sir.

Q. Now—

By the Court:

Q. And what day was that, that this man waved to you? A. March 12th.

[531] The Court: Pardon me.

Mr. Reilly: Yes.

By Mr. Reilly:

Q. On a Saturday night, you say? A. Yes, sir.

Q. Between half past seven— A. 7:45 and 8:30.

Q. 7:45 and half past eight? A. That is right.

Q. Now, of course, Van Cortlandt Park on a Saturday night in March at 7:45 is dark, isn't it? A. It was at that time.

Q. Yes. A. Yes.

Q. And all that area is dark except wherever there is a park light? A. That is right.

Q. There are no traffic lights in there? A. No.

Q. No reds, greens, stops or anything else? A. No, sir.

Q. So that when you are coming through you can come through on the loop, can't you? A. That is right.

Q. Were you coming through on the loop at a pretty fast rate? A. Yes, I was. I wouldn't say too fast.

Q. Well, you were coming back to your stand? A. I was going back to my stand, yes.

Q. And looking for more work? A. That is right.

Q. And what did the man do? Suddenly jump out of the bushes? A. No, he did not.

Q. What? A. He came running through from Knox Place.

Mr. Wilentz: A little louder, please.

The Witness: He came running from Knox Place, with his hand raised.

[532] Q. Well, where he came from on Knox Place, could he see a car coming towards him? A. I don't know.

Q. He didn't know you were coming along, did he? A. I don't know how he ever came running to me.

Q. You were just coming along? A. That is right.

Q. And he was running towards you? A. That is right.

Q. No expectation on your part of seeing anybody there at all to you? A. I was surprised to get a hail that way.

Q. You got a hail and stopped? A. That is right.

Q. And of course you stopped under the great big arc light; is that correct? A. Yes, sir.

Q. Yes. Brighter than this, wasn't it? A. Well, it was an arc light. You know what a street light is.

Q. Now, where in Gun Hill Road is there any kind of a light like this? A. On the southwest corner, Knox Place.

Q. It is on a pole, isn't it? A. Yes, sir.

Q. An ordinary park light? A. It is a street light.

Q. Yes. An ordinary street light? A. Street light.

Q. In a park? A. Yes, sir.

Q. In the Van Cortlandt Park section? A. That is right.

Q. Right? A. It is opposite the park, the street light.

Q. Yes. It is opposite the park, bordering on the park? A. Yes.

Q. Now, how was the man dressed? A. He had on a brown double breasted overcoat and a brown soft hat.

Q. Peaked hat, fedora hat? A. Felt hat.

[533] Q. Felt hat? A. Felt hat.

Q. Pulled it down or pulled it back? A. Pulled it back.

Q. Pulled it back? A. Turned up in the front.

Q. Oh, yes, turned up in front. A. Turned up in front, that is right.

Q. It wasn't down like the way men wear them at all? A. No, no, sir.

Q. But he had folded his back? A. He didn't fold it, but that is the custom of that hat that he wore.

Mr. Wilentz: Just a minute. I move that that be stricken out, the reference to the way the men wear it. My recollection is that I have seen many men wear them that way.

Mr. Reilly: Now, I didn't ask you to testify. You would make an excellent witness.

Mr. Reilly: Now, I didn't ask you to testify, General. You would make an excellent witness.

Mr. Wilentz: Now, my objection still stands notwithstanding the compliment.

The Court: You want to press your objection, Attorney General.

Mr. Wilentz: Yes, if your Honor please, that portion of it—

The Court: Let the record be read, I will see.

(The reporter read the question: “Q. Folded back? A. Turned up in front. Q. [534] Oh, yes, turned up in front? A. Turned up in front, that is right. Q. It wasn't down like the way the men wear them at all? A. No, no, sir.”)

Mr. Wilentz: I object to that part of the question, the way the men wear them, if your Honor please.

The Court: Oh, I think I will allow it to stand.

A. Well—

Q. Now, just a moment. A. I—

Q. Was it a hat such as I hold in my hand? A. Can I see the hat, Mr. Reilly?

Q. I don't mean about the make, I mean was it a soft hat like that, a Fedora hat? (Exhibiting hat to witness.) A. It was turned up a little more than that.

Q. It wasn't a derby? A. No.

Q. And it wasn't a cap? A. No.

Q. It was a soft hat? A. Soft hat.

Q. And it had a front on it like this? A. No, it was turned up more.

Q. Well, it didn't have it up like that, did it? (Indicating by bending brim of hat against the crown.) A. Well, I can explain it to you, if you give me the hat back again. It was turned up with a seam like that, all the way around (witness indicates by bending the brim back a little.)

Q. A bevel edge, is that what you mean, a beveled edge? A. Yes, something like that.

Q. A beveled edge hat, right? A. That is it.

Q. Did he have glasses on? A. Who?

Q. The man? A. No, he did not.

Q. Did you have yours on? A. Yes, sir.

[535] Q. Are you near-sighted? A. Well, evenings, I am, yes.

Q. Evenings you are near-sighted, is that right? A. Yes.

Q. This was in the evening? A. Yes

Q. Now, the man reached in his pocket—if I am wrong, stop me—which pocket did he reach in and get this note? A. The right hand pocket.

Q. Did he have any rings on his hands? A. I don't know.

Q. You did not notice? A. I didn't notice.

Q. Did you notice his hands? A. No, sir, I did not.

Q. Well, he had hands, did he not? A. He must have.

Q. What do you mean he must have, were you not looking at him? A. Yes, he had hands.

Q. He gave you his right hand? A. That is right.

Q. Now will you show me—if I may have this blotter for a second—will you show me how he handed you this note from your pocket? A. I don't quite remember how he handed it to me, but he handed it to me.

Mr. Wilentz: Please repeat the answer.

The Witness: I don't know how he handed it to me, the exact way he gave me the envelope, but I know he handed me the envelope.

By Mr. Reilly:

Q. Where did he get the dollar bill, from, the other pocket? A. The same pocket he had the envelope in.

Q. He reached in twice and changed the envelope from the one hand to the other, reached in again [536] after asking you some questions about this address and produced a dollar bill, is that correct? A. He gave me the envelope first, and then just before he walked to the rear of my cab, he gave me the dollar.

Q. Well, did he not give you the dollar and the envelope at the same time? A. No, he did not.

Q. Did you tell him how much it would cost him? A. He asked me how much it would cost to get there.

Q. What did you say? A. I told him about fifty cents.

Q. You did not tell us that before, did you? A. I may have forgot it.

Q. Anything else you have forgotten? A. (No answer.)

Q. Is there? A. Well not that I can remember.

Q. When you said “It will cost you fifty cents,” did he say anything about the balance of the dollar? A. No, he did not.

Q. Didn't he say “Here is half a dollar for a tip”? A. No.

Q. Did you ask what the balance was for? A. I did not.

Q. You took it for granted that was what it was for? A. He walked right to the rear of my cab.

Q. But you saw his hands, were they large hands? A. I didn't take notice of his hands.

Q. But you saw his hands? A. I only saw the right hand he gave me.

Q. Right hand. Bare, like mine? A. I wouldn't say it was bare or covered. I didn't take notice to it.

Q. You weren't looking at anything but the dollar bill? A. That's it.

Q. And that was in his hand? A. And the envelope.

Q. And the envelope. How many times have you gone over this story? A. What story?

Q. The story you are telling on the stand here [537] now? A. How many times?

Q. Have you told this story over and over again, 5-20 times? A. About that.

Q. Who suggested to you that you should answer “I don't remember whether his hand was covered or not”? A. Nobody ever said anything to me.

Q. You won't say his hand was not covered and you won't say it was covered, will you? A. I didn't take notice at the time.

Q. You know, don't you, that if his hand wasn't covered, that the imprint of his fingermarks were on the envelope he gave you, right? A. I don't know.

Q. You don't know anything about that? Nobody ever told you anything about that or to be careful about that, did they? A. No, sir, nobody said anything to me.

Q. Did you come down here today or yesterday with Inspector Sullivan of the New York City Police? A. No, sir.

Q. Do you know him? A. I never met Inspector Sullivan.

Q. Never have seen him? A. Never have seen him.

Q. Well, you have met Inspector Lyons of the Bronx, haven't you? A. Inspector Lyons is not from the Bronx.

Q. Where is he from? A. Downtown, Greenwich Street.

Q. How do you know? How long do you know him? A. I only met Inspector Lyons once.

Q. Where? A. In Greenwich Street Police Station.

Q. Never saw him in the Bronx? A. Never.

Q. Weren't you in the Bronx County Court? A. Oh, yes, that's right.

Q. Yes, you were talking to him there? A. Yes, that's right.

[538] Q. So you did see him up in the Bronx? A. Yes, I did.

Q. Haven't a very good memory, have you? A.I have a pretty good memory.

Q. You think you have?

Mr. Wilentz: I move that be stricken out.

Q. Now what other detectives or police officers do you know in the Bronx? A. That I know of through the case?

Q. Whether they are in the case or otherwise, what other detectives do you know in the Bronx? Do you know Lieutenant Finn? A. I have only met him through the case.

Q. I don't care whether you know him through the case. You know him.

Mr. Wilentz: Please answer the question whether counsel cares or not and answer it loud.

Q. You know him, don't you? A. Yes, sir.

Q. And you know the detectives in your precinct? A. No, I don't.

Q. Where did you check in every three months? A. I haven't had a cab for over two years.

Q. I am talking now back in March, 1932. Where did you check in, Bathgate Avenue? A. I didn't have a cab at the time.

Q. Well, when you were driving you had to check in every now and then? A. No, I did not.

Q. Where did you renew your license? A. At the nearest police station.

Q. Yes, where was that, to your house? A. Nearest to my house.

Q. Where was it, Bathgate Avenue? A. No, that was Westchester Square.

[539] Q. Westchester Square up near Yonkers? A. No.

Q. So that when this man gave you the note you started off, is that right? A. Not when he gave me the note.

Q. Well, after he waved his hand, right? A. That's right.

Q. And you had no gloves on, did you? A. I don't remember whether I did or not.

Q. Are you in the habit of driving the car with gloves? A. Without gloves.

Q. It is a fact that as soon as you rang Dr. Condon's doorbell he came and answered the door? A. That's right.

Q. Do you know Dr. Condon? A. No, sir.

Q. Had you ever seen any pictures of him? A. No, sir.

Q. Did you ask him to identify himself before you gave him the note? A. No, sir.

Q. You asked for Dr. Condon and handed it to this man, is that right? A. That's right.

Q. When were you next questioned about that? A. About a month and a half later.

Q. Where? A. Jersey State Police.

Q. At the Jersey State Police? A. Yes, sir.

Q. During the month and a half did you tell anybody? A. No, sir.

Q. About this note? A. No, sir.

Q. Did you give Dr. Condon your name and address? A. Yes, sir.

Q. He asked for it? A. Well, Dr. Condon—

Q. Did he ask for it, that is what I asked. A. He didn't.

Q. Were you driving taxicabs during that month and a half after this note? A. Right along, yes, sir.

Mr. Wilentz: A little louder, please.

[540] The Witness: Yes, sir.

Q. Can you tell me anybody you had in your cab the 13th of March? A. No, sir.

Q. Can you describe anybody you had in your cab St. Patrick's Day? A. No, sir.

Q. The 17th of March? A. No, sir.

Q. Can you give me a description of anybody that ever rode with you during the month of March, 1932, except this description that you have of the defendant? A. No, sir.

Q. Nobody? A. No, sir.

Q. Can you give me a description of anybody that rode with you in February? A. No, sir.

Q. How soon after you saw the State Police in April, 1932, did you apply for relief? A. I applied for it, I believe, around that time.

Q. Is there any member of your family in the Police Department? A. No, sir.

Q. Did you ever study for the Police Department? A. No, sir.

Q. Did you ever study for any public position? A. Yes, sir.

Q. What? A. Chauffeur.

Q. To what? City of New York chauffeur? A. Yes, sir.

Q. Did you take the City Civil Service examination? A. Yes, sir.

Q. Are you on the list? A. No, sir.

Q. Did you pass it? A. No, sir.

Q. When did you take it? A. 1921.

Q. But not since 1932? A. No, sir.

Q. You haven't taken any examination since then? A. No, sir.

Q. Have you been promised any position by anybody? A. No, sir.

Q. How much are you receiving a day for coming here? A. I am not receiving anything.

[541] Q. How much do you anticipate?

Mr. Wilentz: I object to that, if your Honor please.

Mr. Reilly: I think it goes to his credibility.

The Court: Well, I suppose he naturally expects that he will get the legal fees, if there is such a thing.

Mr. Reilly: Well, he may have been offered something else.

The Court: Well, you may ask him if he has been offered something else.

Q. Have you been offered anything else? A. No, sir.

Q. What do you expect?

Mr. Wilentz: I object to the question, if your Honor please, as to what he expects, as not being material to this cause. He has not been offered anything.

The Court: I am inclined to sustain the objection, Mr. Reilly.

Mr. Reilly: May I have my exception? The Court: Take your exception.

(Exception allowed, and same is signed and sealed accordingly.)

(s. S.) THOMAS W. TRENCHARD, Judge.

Q. What time did you get to Dr. Condon's [542] house? A. Well, between the hour of 7:45 and 8:30.

Q. How many times have you seen Dr. Condon since? A. Twice.

Q. Where? A. At his home, at the Bronx Grand Jury room.

Q. When did you see him at his home? A. March 12th, 1932.

Q. After that? A. Why, in May; in May—16th or i7th, at the Bronx Grand Jury.

Q. Not between— A. No, sir.

Q. May 16th or 17th, what year? A. 1932.

Q. 1932? A. Yes.

Q. Who sent for you to come to the Bronx Grand Jury? A. Why, I don't know the detective's name.

Q. You didn't appear—

Mr. Wilentz: I didn't hear the answer. (Answer read by the reporter.)

Q. You didn't appear before any Grand Jury? A. Yes, I did.

Q. In March—in May, 1932? A. No. May, in May, 16th, or in May 16th or 17th, 1932.

Q. 1932? A. Yes, sir.

Q. Have you seen Dr. Condon since? A. No, sir.

Q. Sure about that? A. Positive.

Mr. Wilentz: What is the answer? I can't hear it.

(Answer read by the reporter.)

Mr. Reilly: You may inquire.

[543] Re-Direct Examination by Mr. Wilentz:

Q. Counsel asked you whether or not you had the fare that you had prior to Mr. Hauptmann—whether you read the second fare and the third fare, and he has inquired as to other dates. Now, on the day that the defendant hailed you, was there anybody else that gave you a note to deliver, or was that the only note you received that day? A. That is the only note that I received that day.

Q. Nobody else gave you any note that day to deliver? A. No, sir.

Q. Have you ever gotten any note from anybody else to deliver to Dr. John F. Condon, Decatur Avenue? A. No, sir.

Q. Now, shortly after you delivered that note, that is to say, within a few days, I suppose you read in the papers about Dr. Condon, did you not? A. No, sir, I did not.

Q. Well, when did you finally read about it? A. April l0th or 11th.

Q. Somewhere in April? A. April l0th or 11th in 1932.

Q. So that is to say within a month? A. Within a month.

Q. Now, the question about your meeting Inspector Lyons and other police officials, have you met these officials since your experience which you related about today with reference to Hauptmann or did you know them before? A. After.

Q. So that on account of and since the time that you took the note from Hauptmann you have become acquainted with and met the various officials in the various states that are working on the Lindbergh case. A. That is right.

Q. You Met the State Police of New Jersey. A. Yes, sir.

[544] Q. You met the police of New York. A. Yes, sir.

Q. You met the Federal detectives. A. Yes, sir.

Q. You have met the Attorney General of New Jersey. A. Yes, sir.

Q. And you have met the distinguished gentleman Mr. Reilly, today, of the defense. A. Yes, sir.

Q. You have met all these people on account of and since the case. A. That is right.

Q. Whenever the police wanted you and summoned you, you came. A. Yes, sir.

Q. You have been summoned here and asked to come by the State of New Jersey to testify as you did before Hauptmann was arrested in the Bronx, is that so?

Mr. Reilly: I object to that. It is very improper.

Mr. Wilentz: Your Honor please, let me suggest to your Honor—

Mr. Reilly: It is leading and improper.

The Court: It is a leading question, and the witness is your witness, Mr. Attorney General and my suggestion to you is that you modify your question.

By Mr. Wilentz:

Q. Prior to the arrest of Bruno Richard Hauptmann, had you been called upon by the police to come to various places for questioning for the purpose of providing such information as you had?

Mr. Reilly: I object to it as incompetent, irrelevant and immaterial, whether he has or has not been called prior to the arrest of this defendant.

[545] The Court: I am inclined to think that the door has been opened by yourself in respect to such an examination. I think that I will allow the Attorney General to ask the question.

Mr. Reilly: Well, I can only bow to your Honor's ruling and ask for an exception.

The Court: Take your exception.

(Exception allowed, and the same is signed and sealed accordingly.)

(s. S.) THOMAS W. TRENCHARD, Judge.

Mr. Wilentz: Please read the question.

(The reporter read the question as follows: “Prior to the arrest of Bruno Richard Hauptmann had you been called upon by the police to come to various places for questioning for the purpose of providing such information as you had?”)

By Mr. Wilentz:

Q. In the Lindbergh case. A. Yes, sir.

Q. Since that time you have again been called, have you not? A. Yes, sir.

Q. To various places? A. Yes, sir.

Q. And it is in pursuance of those calls from the various governmental agencies, whether it is State, National, New York or New Jersey that you are here today, isn't that the fact? A. Yes, sir.

Mr. Wilentz: That is all. Will counsel for defense join with me for a little recess of ten minutes or so?

[546] Mr. Reilly: Always.

The Court: What are you suggesting, Mr. Attorney General?

Mr. Wilentz. A ten-minute recess, your Honor please, for the sake of the jury and everybody.

The Court: We will take a recess now for ten minutes.

(Whereupon at 3:12 o'clock p. m. a ten-minute recess was taken.)

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