NEW JERSEY v. BRUNO RICHARD HAUPTMANN: TESTIMONY OF JAMES J. FINN, 25th PROSECUTION WITNESS


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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