STATE
vs. HAUPTMANN
January
10, 1935
[875]
Mr. Large: Thomas Sisk.
THOMAS
H. SISK,
sworn as a witness in behalf of the State:
(Two papers marked State
Exhibits S‑86 and S‑87 for Identification.)
Direct
Examination by Mr. Large:
Q. Do you hold any official
position? A. I beg your pardon?
Q. Do you hold any
official position? A. Yes, sir.
Q. What is it? A. I
am a special agent in the Division of Investigation in the U. S. Department of
Justice.
Q. We can't hear it.
A. I am a Special Agent in the Division of Investigation of the U. S.
Department of Justice.
Q. Were you in
September 1934 employed by the Government? A. Yes, sir; I was.
Q. I show you S‑86
for identification and S‑87 for identification and ask you whether or not you
were present when those two were written (handing the witness the exhibits
referred to)? A. Yes, sir.
Q. Where were they
written? A. They were written at the Second Police Precinct in New York
City on Greenwich Street.
Q. By whom were they
written? A. They were written by Bruno Richard Hauptmann.
Q. This defendant? A. Yes,
sir.
Q. In your presence?
A. Not entirely in my presence. [876] I was in the room when he
started to write, but I did not remain at his side and watch the complete
operation.
Q. Well, what part
did you watch? A. I was present when he started to write and I then walked
away inasmuch as there were other officers at his side watching the operation.
Mr. Large: If he was not
there during the whole operation—
The Witness: I was in the
room—
Mr. Large: All right. I
will not offer them under those circumstances.
Mr. Fisher: No questions.
Mr. Large: You may stand
aside, sir. Is Inspector John Lyons here? I understand he will be here in the
morning.
Mr. Wilentz: Your Honor
please, we have about ten of these exhibits which we may be able to agree upon
in a minute.
Mr. Fisher: That one we
will make a stipulation—
Mr. Wilentz: Judge Large
offers this one by stipulation, it being agreed that this is the handwriting of
the defendant Hauptmann with the exception of some words “Reinhold Haberhand”
or something like that, who is also a party to this agreement—that signature of
Mr. Reinhold Haberhand—the rest is the handwriting of the defendant.
[877] Mr. Large: Wait
until we get it marked.
The Court: The
stipulation ought to be quite definite.
Mr. Fisher: We
stipulate—excuse me.
Mr. Large: Wait until it
is marked.
The Reporter: In
evidence?
Mr. Large: Mark it in
evidence, yes.
Mr. Fisher: Yes.
The Reporter: S‑86 in
evidence.
(So marked.)
Mr. Fisher: We stipulate,
sir, that S‑86 in evidence is in the handwriting of the defendant Hauptmann
except as to such things as the words Reinhold Haberhand and Witness John K.
Lyons—H. N. Schwarzkopf.
The Court: Well, that
stipulation may be placed upon the record and the paper admitted in evidence.
Mr. Large: This paper
being an agreement or a promissory note of some character.
The Court: Will you let
me see that, Judge?
Mr. Large: Yes, that is
dated July 20, 1933. (Counsel confer.)
[878] Mr. Fisher: We
enter by stipulation in evidence card of the Liberty Mutual Insurance Company
stipulating that the words “Richard Hauptmann, 1279 E. 222nd Street, New York
City” are the genuine writing of the defendant. There are some other markings
on them.
Mr. Large: Marked what?
The Reporter: That is
Exhibit S‑87.
Mr. Large: Marked S‑87.
(So marked.)
Mr. Large: These are all
alike, the rest of them.
Mr. Fisher: I think every
one of them is an application, different years.
(Counsel confer.)
Mr. Fisher: On an
application for registration—
Mr. Large: Why not take
them all?
Mr. Fisher: Well, let's
take them all together.
Mr. Large: There are nine
of them; as to all nine.
Mr. Fisher: As to all
nine of the next exhibit, which are applications for motor vehicle licenses, we
stipulate that everything appearing [879] on there in ink, except exhibit marks
from the former proceedings, are in the genuine hand of the defendant. That
applies to nine exhibits.
Mr. Hauck: They will be
marked.—The Court: Give their numbers.
The Reporter: Marked Exhibits
S‑88 to S‑96.
Mr. Fisher: They start
with S‑88 and go to S‑96.
Mr. Hauck: Both
inclusive.
Mr. Fisher: Both
inclusive.
The Reporter: Yes.
(So marked.)
Mr. Reilly: There are
some exhibits, if the Court please that, rather than take up the time on each
one of these little matters, we thought we could get together for the next half
hour or so; if we adjourn court now, the Attorney General and myself would go
over those and we might be able to stipulate and shorten this trial greatly. We
are now in conference on a matter that we may be able to save the Court on
another angle the presence of 25 witnesses, and if we can do that, I think—
Mr. Wilentz: As to the
counting of the money and the wrapping of the money, and things that are not at
all of any substance.
[880] The Court: Then the
proposition coming from both sides is that we recess until ten o'clock tomorrow
morning, and that will be the order.
Now, the people in the
courtroom will remain seated, please,—everybody.
The jurors may retire,
and come back tomorrow morning at ten o'clock.
The prisoner is now
remanded to the custody of the Sheriff. He may retire in the custody of the
Sheriff.
(At 4:10 p.m. an adjournment
was taken until tomorrow morning, Friday, January 11, 1935 at ten o'clock.)
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