STATE
vs. HAUPTMANN
January
10, 1935
[872]
Mr. Reilly: No.
Mr.
Large: That is all.
Mr.
Hauck: Lieutenant Finn.
Mr.
Large: Will you mark this, please.
(Paper
produced by Mr. Large marked State Exhibit S‑85 for identification.)
JAMES J. FINN,
sworn as a witness on behalf of the State.
Direct Examination by Mr.
Large:
Q. Do
you hold any official position, Lieutenant? A. I am a night lieutenant in
the New York Police Department.
Q. And
have been how long? A. About 29 years in the Police Department and about
four—six years —a night lieutenant.
Q. I
show you a paper marked State Exbibit S‑85 for identification and ask whether
or not that was written in your presence? A. It was.
Q. By
whom? A. By the defendant Richard Hauptmann.
Q. On
what date? A. On September l0th, 1934, about 12:45 p.m., it should be,
that is my writing and it should be p.m.
Mr.
Large: I see. I offer it in evidence.
[873] By
Mr. Fisher: Q. You say the notation on there, Lieutenant, is an error?
A. Yes, sir.
Q. This
should be p.m. instead of a.m.? A. Yes, sir.
Q. Was
that written by the defendant voluntarily? A. It was.
Q. Did
he offer any objection to writing? A. No objection at all.
Q. Simply
very readily and willingly agreed to write when you asked him to? A. In
fact at all times he was trying to extradict himself from the case, tried to
make himself innocent all the way through.
Q. Of
course he was the guest of your police de-partment at the time, wasn't he?
Mr.
Large: I submit that isn't—
Q. Well,
he was in custody, wasn't he? A. He was.
Q. And
had been for some considerable time? A. He was.
Q. Twenty-seven
or twenty-eight hours? A. About that.
Q. And
if he had refused to write I suppose it would have been all right.
Mr.
Large: I object to that—what would have happened if he hadn't done it. That is
not material.
Q. Had
policemen questioned him continually from the time he was taken in there? A. He
was—
Q. Under
constant examination? A. Not constant, no.
[874] Q. Had he had an opportunity to
sleep? A. He did, in a chair.
Q. In
a chair? A. Yes, sir.
Q. Yes,
with a mattress in the chair, or no mattress? A. No mattress.
Q. The
only chance then he had to rest was in a chair such as we sit in here in the
courtroom? A. Yes.
Q. From
nine o'clock in the morning until after twelve the next day? A. Correct.
Q. That
is correct? A. Yes.
Q. And
he volunteered very readily to write for you? A. He did.
Q. Is
that right?
Mr.
Fisher: I ask the admission of these to be refused and urge the same arguments
as heretofore.
Mr.
Large: I offer it in evidence.
The
Court: All right; you have nothing to offer respecting the voluntary character
of this statement?
Mr.
Fisher: Not at this time, your Honor.
The
Court: They will be admitted.
The
Reporter: Exhibit S‑85.
Mr.
Large: Offered as Exhibit S‑85.
(Paper
referred to received in evidence and marked State Exhibit S‑85.)
Mr.
Large: Cross‑examine.
Mr.
Pope: May we have the markings?
[875]
The Reporter: S‑85, sir.
(Witness
leaves the witness stand.)
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