January
10, 1935
[844]
MYRA CONDON HACKER, sworn as a
witness on behalf of the State:
Direct Examination by
Mr. Wilentz: Q.
Your full name is Myra Condon Hacker, is that it? A. Yes, sir.
Q.
And you are the daughter of Dr. Condon, who was on the stand a moment ago? A. Yes,
sir.
Q.
You live in the State of New Jersey, do you Mrs. Hacker? A. Yes, sir.
[845]
Q. Where do you live? A. I live at 1545 Warwick Avenue, West Englewood.
Q.
West Englewood? A. Yes, sir.
Q.
And your husband is an architect? A. Yes, sir.
Q.
I suppose that during the times that your dad was interested in these
negotiations that you were at his home on various occasions? A. I was,
sir.
Q.
Did you spend much time there, Mrs. Hacker? A. Almost all my time.
Q.
Except for the times that the children visited your parents. What did the
family consist of at home? A. Just my mother and my father and myself,
with my husband, when he could come.
Q.
So that so far as the Bronx home is concerned at Decatur Avenue, that was
occupied by your mother and your dad? A. Yes, sir.
Q.
Except when you would visit them? A. Yes, sir.
Q.
How many brothers and sisters have you? A. I have two brothers.
Q.
Two brothers? A. Yes, sir.
Q.
Both of them are above the majority age, I take it, both of them are over
twenty-one? A. Yes, sir.
Q.
And they live with their families, I take it? A. Yes, sir.
Q.
Now on the night, withdraw that; on the day that there was received the
sleeping garment, were you in the house? A. I was.
Q.
Who else was in the house besides yourself, Mrs. Hacker? A. My father,
Colonel Breckinridge, my mother.
Q.
And do you recall where the package was delivered or where the envelope was
delivered? A. According to my recollection it was in the middle of the
morning in the post box.
[846]
Q. And who procured it from the post box, as you remember? A. My father, I
believe.
Q.
And did you see him bring it in? A. Yes.
Q.
And when he brought it in was it opened? A. I beg pardon?
Q.
Was it opened when it was brought in? A. No, sir.
Q.
Well, did you see it opened? A. Yes, sir.
Q.
That is what I mean. Was it opened in your presence? A. Yes, sir.
Q.
And in the presence of Colonel Breckinridge? A. Yes, sir.
Q.
And did you see the sleeping suit then being contained in that yellow package
or tan package? A. Yes, sir.
Q.
Was there or was there not a note in there? A. Yes, sir.
Q.
Have you any recollection as to whether it was one note or two notes? A. (No
answer.)
Q.
Give us your best recollection. A. My best recollection is that there were
two notes.
Q.
That is your best recollection? A. Yes, sir.
Q.
Now whatever was there—
Mr.
Reilly: May we have that read, General, please?
Mr.
Wilentz: “My best recollection is that there were two notes.”
Q.
Whatever was in that package, what was done with it—notes, package and all? A. It
was completely turned over to Colonel Lindbergh, when he arrived.
Q.
How soon after its arrival did Colonel Lindbergh arrive? A. Well, I
couldn't say—a few hours.
Q.
A few hours? And during all that time Colonel Breckinridge was in the house? A. Yes,
sir.
[847]
Q. Now, Mrs. Hacker, on April 2d, 1932, you were at Dr. Condon's again, at your
dad's home? A. I was, sir.
Q.
And you remember that the telephone bell rang or, rather, the doorbell rang? A. Yes,
sir.
Q.
And there was a note delivered? A. Yes, sir.
Q.
Do you know who delivered it? A. I don't know his name.
Q.
You have never seen his picture? A. Not to my knowledge.
Q.
And did you give a description of the person to the authorities? A. I did,
sir.
Q.
But you were present at the door, as I understand it, when you saw a stranger
hand to your dad that note on April 2d, 1932, the Saturday when the money was
paid? A. Yes, sir.
Q.
What is your best recollection as to the size and height of the man who
delivered it? It was a man, wasn't it? A. Yes, sir; it was a man.
Q.
Yes. A. My best recollection was that he was about five feet six or seven,
very slim.
Q.
Yes. A. And very dark.
Q.
Very dark, very slim and five foot six or seven? A. Yes.
Q.
And, you have never seen him or his pictures since? A. No, sir, not to my
knowledge.
Mr.
Wilentz: That is all, Mrs. Hacker. Thank you.
Cross-Examination by
Mr. Reilly: Q.
Mrs. Hacker, will you relax, please, and don't hold yourself so tense? A. Thank
you.
Q.
I want to ask you a few questions, that is all, I want you to be comfortable.
The man that came to the door with a note that Saturday night— A. Yes,
sir.
[848]
Q. —what is your best recollection as to how he was dressed? A. Indefinitely.
Mr.
Wilentz: What is the answer?
The
Reporter: Indefinitely.
A. Indefinitely.
Q.
Did you go to the door with anybody? A. With my father.
Q.
Now, you had been living over in West Englewood, is it? A. I beg pardon?
Q.
Is it West Englewood you live? A. That is my present residence, yes.
Q.
Yes. How long have you been living over there? A. About two years and a
half.
Q.
And at the time you talk about, you were living home, is that right? A. No,
I wasn't, I lived in Leonia at that time.
Q.
Leonia, New Jersey? A. Yes.
Q.
And was your father a frequent visitor to you over there? A. No, I was a
more frequent visitor to him.
Q.
Naturally. How far is Leonia from West Englewood? A. Perhaps four or five
miles.
Q.
Well, now, what was the occasion of your being home with your father if you
were married and living in Leonia the morning that the sleeping suit arrived? A. During
the entire negotiations I desired to be as helpful as possible. My parents were
advanced in years.
Mr.
Wilentz: Will you please repeat the answer?
(The
reporter repeats the last answer.)
Q.
Your husband did not come over, did he? A. He came over.
[849]
Q. Occasionally? A. As often as he could, as business permitted him.
Mr.
Wilentz: I am sure the jurors cannot hear the answers.
The
Court: A little louder, because we all wish to hear.
The
Witness: I will try, sir.
(Last
question and answer repeated.)
Q.
Was it the first or second mail of the day that you say this sleeping package
arrived? A. Why, I think it was the second mail.
Q.
Around eleven or twelve o'clock, or something like that? A. I thought
around ten-thirty.
Q.
Who discovered it on top of the mail box, do you know? A. Well, we went, I
believe my father.
Q.
And you say you brought it in and Colonel Breckinridge was there and your
mother and your father and yourself? A. That isn't exactly what I said.
Q.
Was the Colonel there? A. He certainly was.
Q.
Who else was there—we will put it that way? A. Just my father and myself.
My mother was resting.
Q.
And then later on Colonel Lindbergh arrived? A. Yes, sir.
Q.
And the contents of the package and the wrapping paper and everything else were
delivered to the Colonel, is that correct? A. Yes, sir.
Q.
Now you say that this man that delivered the note on April 2d, Saturday
evening, that is correct, is it not? A. Yes, sir.
Q.
Was about five feet six? A. Or seven, yes.
[850]
Q. And his weight was about what? A. He was of slight build, I wouldn't
attempt to estimate it.
Q.
You are not as familiar with those terms of lightweights and welterweights as
the rest of the family. Was he a slim young man? A. Yes, sir.
Q.
About how old—we will put it this way, in his twenties or thirties? A. I
should say his twenties.
Q.
Have a mustache? A. I don't think so. Not to my recollection.
Q.
Black hair? A. Dark hair, as I remember.
Q.
Rather a dark complexion? A. I should say so.
Q.
Either of Italian or, we will say, Jewish type? A. I wouldn't care to link
up with any nationality.
Q.
Was there any characteristic at all about him that looked foreign? A. I
couldn't say. When it was considerably fresher in my mind I gave it to the Department
of Justice.
Q.
And, of course, now you are simply trying to remember something that happened
almost three years ago; is that right? A. Yes, sir.
Q.
I ask you to look at this photograph and see whether that wasn't the man that
delivered the note (showing to witness.) A. I do not think so.
Q.
You wouldn't say it wasn't?
Mr.
Wilentz: Well, now, she has answered the question. She doesn't think so, if
your Honor, please.
The
Court: Yes.
Mr.
Reilly: I know. I don't care to harass this witness.
Mr.
Wilentz: I know counsel isn't harassing the witness.
Mr.
Reilly: It is cross-examination.
[851]
Mr. Wilentz: I think counsel is very considerate, but I still object to the
question.
The
Court: What is your question now, Mr. Reilly?
Mr.
Reilly: She said she didn't think so and I asked her to say whether or not she
would say that it wasn't the man.
The
Court: Well, she may answer that, if she can.
A. I
do not believe it is the man.
Q.
Of course, I show you a photograph without mentioning any names or anything of
a man without a hat, don't I? There is no hat, this picture has no hat on it,
has it? A. No, sir.
Q.
And I assume the person that delivered the note—
Mr.
Wilentz: Pardon me just one minute.
I
hate to interrupt you. In referring to this—
Mr.
Reilly: Pardon me.
Mr.
Wilentz: Counsel just overlooked inadvertently, the picture shown to the lady
is D‑10 for identification.
The
Court: Let that be noted.
(Photograph
referred to marked Defendant's Exhibit D‑10 for identification.)
By
Mr. Reilly: Q. Do you recall the kind of a hat he had? Was it a slouch hat? A. I
am sorry, I don't.
[852]
Q. Didn't take very long then to deliver the note, did he? A. No.
Q.
Did he ask for anybody when he rang the bell and the door was opened? A. That
I don't recall.
Q.
You don't recall whether he said: “Are you Mr. Condon?” or “Dr. Condon” or “Are
you Doc?” or anything like that, do you?
A. I am sorry, I don't.
Q.
Do you recall whether he said anything? A. I don't.
Q.
Do you recall your father saying anything? A. No.
Q.
Father didn't say, “Come in, you are expected. We have been waiting for you,”
or anything like that? A. Not to my knowledge.
Q.
And yet you were there? A. I was.
Mr.
Reilly: That is all.
Mr.
Wilentz: Thank you, Mrs. Hacker, that is all.
If
your Honor, please, that completes a certain line of our examination and as has
been our custom and luxury, may we ask for a five or ten-minute recess at this
time? The air is quite thick.
The
Court: Can you get along with five, do you think, Mr. Attorney General?
Mr.
Wilentz: Yes.
The
Court: We will take a recess of five minutes; in the meantime the jury may
retire.
(At
3:05 o'clock P. M., a recess was taken for five minutes.)
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