STATE
vs. HAUPTMANN
January
8, 1935
[558]
MAX ROSENHAIN, sworn as a witness on
behalf of the State.
Direct
Examination by Mr. Wilentz: Q. Mr. Rosenhain, you are the
proprietor of this restaurant that the young man was just referring to, isn't
that so? A. Well, I am one of the members of the corporation. It is a
domestic corporation.
Q. Oh, it is a corporation, is it? A. Yes,
sir.
Q. But, they call it Rosie's, is
that right? A. That is right.
Q. And it is in the Bronx? A. It
is, sure.
Q. Good restaurant, is it? A. Best
in the world.
Q. All right. As a result of that,
I suppose, as a result of that being the best in the world, why, you have had
customers like Gaglio and Condon, I take it? A. The very best people, sir.
Q. How many years have you known
Dr. Condon? A. Well, I should say about ten years or more.
Q. Ten years or more? A. Yes,
sir.
Q. And, was he a customer and a
frequenter of your restaurant? A. Oh, yes, that is why he looks so well.
Q. And, was he in there in March,
1932? A. He was, sir, yes, sir.
Q. Now, particularly with reference
to the night that the young man Gaglio was there, was he in there that night? A. He
was, yes, sir.
Q. Did you take a trip with Gaglio
and Dr. Condon? A. Yes, sir.
Q. To Colonel Lindbergh's home in
New Jersey? A. Yes, sir.
Q. Do you remember the date, the
night that Dr. Condon came in after you went to Hopewell? A. Well, Dr.
Condon was there when I entered the store. I was out for the evening.
[559] Q. I see. A. And I came
in about eleven o'clock, then Dr. Condon was there when I came in.
Q. Do you remember the date? A. I
believe it was March 9th, if my memory serves me right; either the 9th or the 10th,
but I believe it was the 9th.
Q. Do you remember what day of the
week or what night of the week it was, rather? A. I believe on a
Wednesday, but I wouldn't be sure. I believe on a Wednesday, if my memory
serves me right.
Q. And at any rate, you accompanied
the doctor and the young man Gaglio that was just on the stand? A. Yes,
sir.
Q. Now, in making your trip to the
State of New Jersey, and particularly to the Lindbergh home, were you able to
make the trip without asking for aid along the road? A. No, we had to ask
several times.
Q. About how long did it take you
to make the trip? A. I think we left the shop about midnight and arrived
over in Hopewell in the neighborhood of three o'clock in the morning.
Q. Where is your shop? A. 188th
Street and Grand Concourse.
Q. That is in the Bronx, is it? A. In
the Borough of the Bronx, that is right, Bronx County.
Q. Well, after you arrived in the
Bronx—at Hopewell, you got out of your car, I take it? A. I got out of Mr.
Gaglio's car, yes.
Q. Did you all get out? A. We
all got out.
Q. Is that how you pronounce it,
Gallio? A. Gallio, it is spelled Gaglio.
Q. Did you go into Colonel
Lindbergh's home? A. I did, sir.
Q. Did you meet the Colonel that
night? A. I did, sir, yes.
Q. Who else did you meet there? A. I
met Colonel Breckinridge and any number of State Troopers, [560] men in all
types of uniforms, I presumed they were State Troopers.
Q. Did you return that night? A. Yes,
sir; that morning.
Q. That morning. How long did you
stay at the Lindbergh home? A. Well, in the neighborhood of about an hour.
I wouldn't be exact on that.
Q. Colonel Lindbergh was dressed
and awake? A. He was, yes.
Q. And the household was stirring
and busy? A. That's right, yes.
Q. And then finally you left? A. Yes.
Q. Did you take Dr. Condon back
with you or did he remain? A. No, he remained behind.
Q. And you and Gaglio went back? A. Proceeded
home.
Q. Gaglio also is a customer at
your place and a frequenter there? A. For many years.
Q. How long had you known him? A. About
the same number of years.
Q. Did you know Mr. Reich at the
time, Al Reich? A. Oh, yes.
Q. How many years do you know him? A. Well,
I should say about the same number of years too.
Q. He is also a customer and
frequenter of your restaurant? A. Yes, sir.
Q. He was not there that evening? A. No,
he wasn't. Dr. Condon inquired for him when I came in the store, asked me if I
had seen Al, as we called him.
Q. Do you mean know each other well
enough to call Mr. Reich “Al?” A. Oh, yes.
Q. That is the doctor and you and
Reich? A. I always address the doctor as “Doctor,” you have to respect old
age a little bit, you know.
Q. Is that how he is popularly
known among his friends? A. As doctor.
[561] Mr. Wilentz: I think Mr.
Rosenhain, that is all.
Cross-Examination
by Mr. Reilly: Q. You have not any branch
restaurants in Jersey? A. Beg pardon?
Q. You haven't any branch
restaurants in Jersey? A. No, but after the trial I hope to open one.
Q. You should have been here last
week. You are enjoying your place in the sun here today, are you not? A. Well,
I wouldn't say exactly enjoying it.
Q. How many steady customers like
Al Reich, Gaglio and Dr. Condon come into your place every night? A. Every
night? I don't say they come in every night, but we probably number thousands
of guests.
Q. A night? A. No, I didn't
say that.
Q. Have you a regular steady crowd
that come in every night? A. Well, they don't have to register. We never
know when they are coming in, but when they come in there we feed them.
Q. You ought to know who comes in
there every night. A. Not anybody in particular comes every night.
Q. Well, how many times a week does
the doctor come in? A. It is never the same. Sometimes twice a week;
sometimes he might come in six times a week; I have seen him there three times
in a single day.
Q. He lives some distance from your
place? A. not very far. I could easily walk it in twelve minutes, fifteen
minutes top.
Q. You had never been to Hopewell
before? A. No, sir; never heard of it.
Q. Well, you had heard of it before
that night? A. Oh, yes, before that night, yes. I had heard of it as soon
as the kidnapping. I read it in the paper, of course.
[562] Q. And when it was suggested
to you that you go along, you wanted to go along for the experience, didn't
you? A. Well, when Dr. Condon asked me to go along, I made no hesitancy in
going along; whether it was a question of experience or not I couldn't answer
you, but I went along.
Q. You went along. You came home
alone? A. No, I came home with Gaglio.
Q. I mean Dr. Condon stayed there
all night, did he? A. He did, yes, sir.
Mr. Reilly: That is all.
Mr. Wilentz: That is all. Thank
you.
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