NEW JERSEY v HAUPTMANN: TESTIMONY OF WALTER E. ROBERTS, FIRST WITNESS FOR THE PROSECUTION


***NUMBERS IN BRACKETS REFER TO PAGE NUMBERS OF TRANSCRIPT***

[14] WALTER E. ROBERTS, sworn as a witness on behalf of the State.

Direct Examination by Mr. Hauck:

Q. Where do you live, Mr. Roberts? A. Flemington, New Jersey.

Q. What is your business? A. Civil engineering and surveying.

Q. Are you licensed by the State of New Jersey? A. Yes, sir.

Q. Up until January 2nd of this year, what also was your official title in this county? A. County Engineer.

Q. Now did you make the maps that are on the wall? A. I made the original tracings from which those are correct duplicates.

Q. Then were they made by you or under your direction? A. Under my direction, partially by myself and partially under my direction.

[15] Q. Where did you attend school, Mr. Roberts? A. Swarthmore College.

Q. How long have you been practicing as an engineer and as a surveyor? A. Twenty-eight years.

Q. How long were you County Engineer of the County of Hunterdon? A. Five years.

Q. Now, Mr. Roberts, I show you a map, which we might designate as S-1 for Identification.

Mr. Fisher: Which one is that; is that the two mile map?

Mr. Hauck: That is the two mile radius.

Q. Will you kindly tell the Court and jury what does that map depict? A. It shows the vicinity of the Lindbergh house to within a radius of approximately two miles, the road, the county line, the lane leading to the Lindbergh house, the wood road which branches off from the lane, and that is—

Q. When was that map made by you? A. It was made in December of this past year.

Q. Now, when that map was made, did it truthfully depict the situation as you saw it? A. Yes, sir.

Q. I would like you to take this pointer and come down and point out to the jury the different markings on the map, explain the map to the Court and jury.

Mr. Fisher: What scale is that?

The Witness: In the first place, I was just going to say the scale is 375 feet to the inch. The reason for the odd scale will develop later.

 [16] This mark here represents the north, the corner; north being in this direction—south, east and west (indicating on the map). The line here is the line between Somerset County and Hunterdon County, and from this point is the line between Somerset and Mercer County. This line running east and west represents the line between Hunterdon and Mercer County, with Hopewell Township lying to the south and East Amwell Township to the north. These lines represent various roads, the road to Hopewell, to Stoutsburg, Zion, Wertsville, Lutz Corners, to Hopewell, and to Lyndale and State Highway No. 30. The irregular lines there represent the edge of Woodland, all this territory here being heavily wooded on the top of the mountain. The cleared land, this dark spot and the light area just back of it, represent the Lindbergh house. These lines represent the lanes constructed within fairly recent number of years, and this is the indication of an old wood road, not a very distinct road, but nevertheless an indication that it had been used as a wood road. The red marks represent two monuments which are set on the county line.

Q. Now, Mr. Roberts, I take it then that all this territory divided between these two lines is Hunterdon County’? A. That is right.

Q. And this territory in here is Mercer County?

A. That is also right.

Mr. Hauck: I would like to have the map admitted in evidence at this time.

By Mr. Fisher:

Q. Is any part of Somerset on there? A. This part, Mr. Fisher is Somerset, on the east of this line here.

Q. East and north? A. Only to the east. This

 [17] whole area on the map to the east of that line is Somerset County as far as I know. I didn’t verify that on that chart.

Mr. Fisher: Do you offer the map?

Mr. Hauck: Yes.

Mr. Fisher: We should like first to cross examine on it, your Honor.

The Court: Cross examine.

Mr. Pope: May we cross examine upon all the maps at one time to save time’? May the State proceed to prove them all?

Mr. Hauck: We are willing to do that. I thought it might be more convenient to take them one at a time.

The Court: Perhaps it might be well to have this map that you are now talking about marked as Exhibit S‑1 for identification.

Mr. Hauck: I would like to have that done.

The Court: Then of course that would be a convenient way to refer to the map.

Mr. Fisher will now cross examine the engineer if he wishes to.

Mr. Fisher: Mr. Pope will do so.

The Court: Yes, Mr. Pope.

 [18] By Mr. Pope (voir dire):

Q. Mr. Roberts, referring to map S-1 for Identification, in speaking to the prosecutor you said what this portion here represents. May I ask if you mean by that, so that it may get on the record, that the portion of this lying to the north of the irregularly dotted line and marked “Hunterdon County,” on the northerly side of that line, represents the territory of Hunterdon County? A. It does, as far east as this line here, northwestward.

Q. When you say as far east as this line here, you are referring to the irregularly dotted line to the right of the map marked “Somerset County,” to the right, and “Hunterdon County” to the left of the line? A. Yes, sir.

Q. Then that portion of the map which lies to the south and toward the bottom, marked “Mercer County” is Mercer County? A. Yes, sir.

Q. Was this map made from an actual survey on the ground? A. Yes, sir.

Q. It was not copied from other county maps? A. No, sir.

Q. In any way, shape or form? A. Not that map.

Q. How did you ascertain the distance between the point marked—the red monument on the Hunterdon County and Mercer County Line to the intersection of Featherbed Lane with the road leading north and south past the Lindbergh place? A. That was done by what is called stadia measurement.

Q. What do you mean by that? A. It is possible with a transit by reading between—there are three cross hairs, horizontal cross hairs on the transit. The distance between the upper and lower cross hairs, the space which that indicates

[19] on a rise—as you know, where the rays from a telescope would diverge as you go further away, and as you move your rod away, those lines cover or intercept a greater length on that rod; and the rod and the transit are so constructed that by reading the transit and sighting on a properly graduated rod, you would have within less than a foot error—you have the distance from your transit to that rod. It is a very quick way of making a map.

Q. And that is the way you obtained those distances? A. That and with the compass.

Q. Not by actual measurements? A. Only the distance on it. The near points here, those are done by actual tape measurements, the points near the house are taken with the tape.

Q. This road marked Van Lews Lane, or Van Lews Corners, to the left of the map, that leads from Hopewell to where? A. To Van Lews Corners in Hunterdon County, that is a point on the road between Ringoes and Wertsville. It finally intersects with this road which runs very much to the north, several miles away from it, from this locality.

Q. Did you make all of the measurements for this map by the process that you have just described? A. No, sir, not the ones—

Q. the use of the transit and the graduated rod? A. Not the measurements near the house, those were made with the tape.

Q. And just what measurements near the house were made with the tape? A. The length and location of this constructed lane running from the main road into the house. The distance from this red monument to the entrance to the lane, the distance from the county line to the house, the distance between these two monuments.

Q. And with those exceptions, all of the other

[20] measurements on the map, then, are really approximate measurements made with the use of the transit and the graduated rod? A. On a larger scale, I would say they were approximate, on a scale of that size, of 375 feet to the inch, the planning of a state measurement and a stadia measurement could not be indicated. The reason for making these with the tape is because it might be important for to know the exact distance.

Q. Then, it would not be possible for us to start, for instance, at this corner here where I am pointing, and by using a 375 scale ruler, measure from there to some other—to this point down here (indicating), and to obtain the exact distance, would it? A. You can, yes, sir, I would say you could within a foot, maybe two feet.

Q. As close as that? A. Yes, sir, I think so, as close as you can read a 375 scale. I think that will answer it exactly, no matter how the measurements were taken.

Mr. Pope: That is all.

Mr. Hauck: I would like to offer the map in evidence at this time.

The Court: Any objection, Mr. Pope?

Mr. Pope: We object to the map because it is not made from an actual survey and measurements, but it was made by using the transit and a graduated scale which does not give exact measurements but only approximate measurements. Therefore we cannot use the map for the purpose of obtaining with a degree of accuracy and certainty the exact distance between two points on the map except the

 [21] points that the witness mentioned immediately surrounding the Lindbergh house and from the Lindbergh house to the Hunter-don-Mercer County line.

The Court: Well, as a practical matter, had you expected to set up a map of your own?

Mr. Pope: No.

The Court: Do you not think, Mr. Pope, that this map might well be admitted for the purpose of illustration?

Mr. Pope: Well, your Honor, the difficulty with that is that we may find it necessary during the progress of this trial to ascertain with exactness the distance between two particular points on this map which have not been ascertained by the use of a tape and which would not be accurate. It would only be approximately correct and it might make a very great difference.

The Court: It is always open to you to determine the distance between two points in any fashion that is competent.

Mr. Pope: Well, of course, but the State is offering this map, your Honor, and they are asking us to accept it. And it develops—

The Court: For purposes of illustration, I think.

[22] Mr. Pope: Well, I don’t know what they are going to use.

Mr. Peacock: That is it,—for purposes of illustration.

Mr. Pope: If it is only for the purpose of illustration, all right.

The Court: It will be admitted for the purpose of illustration.

(Two-mile radius map marked State’s Exhibit S-1 for Identification.)

Mr. Hauck:

Q. Now I would like the stenographer to mark this lower map S-2 for Identification.

Mr. Fisher: What is that one, Tony?

Mr. Hauck: This map.

Mr. Fisher: What is it, I mean?

Mr. Hauck: S-2.

Mr. Fisher: What is it?

Mr. Hauck: I will have the engineer tell what it is, if you don’t mind.

By Mr. Hauck:

Q. Mr. Roberts, will you look at the map designated as S-2 for Identification and tell us what it represents? A. The diagram on the right,

[23] which is drawn to a scale of one inch equals four feet is a correct representation of the east elevation of the Lindbergh house. There is no line on there which has not been drawn to a correct measurement.

By Mr. Pope:

Q. Is that one inch? A. One inch equals four feet.

By Mr. Hauck:

Q. What is the diagram on the left of the map? A. The diagram on the left represents a drawing of the Lindbergh plan marked “Nursery.” I personally do not know that that was a nursery. I was only told that. The room is the northeast corner room on the second floor of the Lindbergh house.

Mr. Fisher: That should be stricken. He says he was told it was the nursery.

Mr. Hauck: We will connect it up as being a nursery by other witnesses.

The Witness: I would like to withdraw my statement. I didn’t want to say an incorrect statement. I made an incorrect statement and tried to correct it, your Honor.

By the Court:

Q. What do you want to say now? A. I want to say that it is a diagram of the southeast corner room on the second floor of the Lindbergh house.

[24] Q. And you know nothing about the nursery part? A. No. It is marked as the nursery, but I do not know that.

By Mr. Hauck:

Q. Well, now, Mr. Roberts, was this map made by you or under your direction? A. Yes, sir.

Q. And is it an accurate map? A. It is.

Q. Made by actual measurements? A. Every line on there is measured except the shading lines which indicate the walls.

By Mr. Fisher:

Q. Is that the same scale, Mr. Hauck? A. That is one inch equals one foot.

By Mr. Hauck:

Q. Mr. Roberts, do those two diagrams on the map truthfully depict the situation as at the time when you made it? A. Yes, sir.

Q. And saw it? A. Yes, sir.

Mr. Hauck: I would like to offer this in evidence as S-2 for the State.

By Mr. Pope (voir dire):

Q. Is this the southeast corner room? A. Southeast corner.

Q. On the second floor? A. On the second floor. Q. And it is made to scale? A. Yes, sir; one inch to one foot.

Q. And from actual measurements made on the ground? A. Yes, sir.

Q. By whom? A. By my assistant and myself.

[25] Q. You personally supervised? A. I personally supervised the measurements.

Q. Then you know that the measurements are correct? A. Yes, sir.

Q. And that so far as this diagram is concerned we may start at any point and measure to another point and get an exact picture? A. Yes, sir.

Q. Of the room itself as well as the accurate measurements? A. Yes, sir.

Q. I see on what you have marked here the east elevation “Scale one inch equals four feet” lines, irregular lines with figures in them running from the ground up to the top of the window casing if extended. What do they represent? A. They are —they represent the measurements which we found, measuring from the ground to the top of that window.

Q. Well, the first measurement then is what? 20 A. Four feet five inches from the surface of the ground to the window sill of the first floor.

Q. Now was that measurement made from the ground to the center of the window sill or was it made where it is indicated on the map? A. It was made from the ground to the top of the window sill.

Q. To the top of the window sill? A. Yes. Q. On the first floor? A. Yes.

Q. And then the second measurement, five feet four inches, what does that represent A. That is the height of the window sill to the window coping.

Q. From the bottom of the sill to the top of the sill? A. From the top of the sill to the bottom of the coping. The coping, in other words.

Q. And the third measurement, four feet six inches represents what? A. That is the wall space between the top of the window on the first floor and the bottom of the window; in other words, the top of the sill on the second floor.

 [26] Q. And four feet nine inches, the last measurement up, represents what A. The height of the window on the second floor, the window opening.

Q. Now to the right of these measurements you have here two lines, broken, and marked in the center “Fourteen feet three inches.” That represents what? A. That represents the distance from the ground to the top of the sill of the second floor.

Q. And when you say to the top of the sill of the second floor you mean—. A. The second floor window.

Q. You mean the top of the sill of the second floor window? A. That is right.

Q. And which window is that? A. That is the east window in the room designated on this diagram here which is the window here.

Q. And by the east window, you mean a window which faces towards the east? A. That is right.

Q. Looking through that, you would be looking toward the east? A. Yes, sir.

Q. And that is the same window that is indicated on the diagram to the left of the map by the words “radiator and window” A. That is right.

Q. And it is in the southeast corner of that diagram, is it? A. Yes, sir.

Q. And these measurements from the ground to the window sill were made by you? A. Yes, sir.

Q. They are absolutely correct? A. Yes, sir.

Q. No question about that? A. Taken with the steel tape held tight.

Q. A tested tape? A. Yes, sir.

Q. Do you know that your tape was accurate? A. A brand new tape, it had never been used be-fore.

Mr. Pope: That is all.

[27] Mr. Hauck: I would like to offer that map in evidence as “S-2” for that State.

The Court: Any objection, Mr. Pope’? It is admitted in evidence.

(The map was received in evidence and marked State Exhibit No. 2.)

By Mr. Hauck:

Q. Mr. Roberts, before you go into any of the other maps, I am afraid the jury did not see all the measurements you were showing Mr. Pope. Will you point out these measurements on the east side of the house, explain them to the jury so they can see them. A. Can you see my hand? There are four measurements shown from the ground to the top of the sill. It would be this portion of the window, it is about four feet and five inches. From the top of that part of the sill to the bottom, in other words, the window opening, the clear opening is five feet and four inches; from the bottom of that sill to the top of the window sill on the second floor is four feet and six inches; from the top of the sill of the second floor to the bottom of the upper portion of the window is four feet and nine inches. The distance from the ground to the sill of the second floor window, which represents the southeast, the east room of the southeast corner of the second floor, is fourteen feet and three inches.

Mr. Pope: You mean the east window’? The Witness: Yes.

By Mr. Hauck:

 [28] Q. What is this measurement, pointing out the measurements to the left of the diagram, the outside of the house? A. From the edge of the house, the southeast corner of the house on the ground, there is a stone wall. The height of that wall is three feet eleven inches from the ground. The distance from the top of that wall to the eaves of the house, the gutter of the house is sixteen feet and three inches. Those are by actual measurement.

Q. What does the triangle here represent? A. This rectangle here represents a skylight, a glass skylight in the side of the house, in the roof of the house.

Q. Will you pass on to the diagram at the left of the map and explain to the jury the measurements of that room? A. As you will see from the arrow, north is in this direction in that room. This represents the east side and this the south-easterly and southerly, they are not true north and south. There is a window and immediately inside of the window is an encased radiator, then a fire place and then this next window also has a radiator, an encased radiator below the sill. On the south window, which is made up of double windows, I think they are called French windows, in front of that window in the room is a wooden box seat. This door, shown here in the north side of the room leads into the hallway. The first door on the west side of the room leads into a closet; there is a door on the southerly side of the west side that leads into a hall.

Q. What are the dimensions of the room? A. The north and south dimension of the room is 15 feet, the east and west dimension 10 feet 101/2  inches.

Q. These are north and south and these are east and west? A. Yes.

 [29] Q. Can you tell us on the same diagram which is the front of the house? A. The front of the house is the southerly side, indicated by this arrow.

Mr. Hauck: I would like the stenographer to mark this map as S-3 for identification on behalf of the State.

Mr. Pope: Before you do that may I ask one question? It hasn’t been admitted—

Mr. Hauck: I understand it has been admitted.

Mr. Pope: All right. I wanted him to

show me the location. Never mind.

Mr. Hauck: Go ahead, Mr. Pope.

Mr. Pope: No. I will wait until you put the other map in.

The Court: Number 2 was admitted.

The Court: Now there has been something said about Number 3?

Mr. Hauck: Number 3 has been marked and I am going to examine—

The Court: Marked for identification. Mr. Hauck: Yes.

The Court: Mr. Pope wants to cross-examine on that.

 [30] Mr. Pope: After they get through. The Court: After they get through. You may proceed now.

Direct Examination Continued by Mr. Hauck:

Q. Now, Mr. Roberts, will you tell us what the map designated as S-3 represents? A. S-3 represents the outlines of the Lindbergh house as measured on the ground. That is, the ground floor, the outside of the house at the ground or near the ground, and the developments, which were made in the immediate vicinity of the house such as walls, porches, drives, pump house and drainage.

Q. Was that map made by you or under your direction? A. Yes, sir.

Q. And is it accurate? A. Yes, sir.

Q. Does that map truthfully depict the situation at the time you saw it and at the time the map was made? A. Yes, sir.

The Court: Well, Mr. Hauck, I think we will prepare to take a recess at this time.

Mr. Hauck: All right.

The Court: I will ask everybody in the court room to stay right where they are until the jury has retired; right where you are, wherever you are. The jury will retire now; the jury will retire in the custody of their officers and come back at 1:45.

(Recess at 12:30 a. m. to 1:45 p. m.)

[31] After Recess (1:52 p. m.)

The Court: Is the defendant in court?

Mr. Peacock: No, sir.

The Court: The prisoner will be brought in.

(The prisoner entered at 1:53 p. m.)

Mr. Hauck: Now, Mr. Roberts—

The Court: We will poll the jury first.

(The jury was polled and all jurors answered present.)

WALTER ROBERTS resumed the witness stand:

The Court: Counsel may proceed. Direct Examination (continued) by Mr. Hauck:

Q. Now, Mr. Roberts, will you again come down here by the map. Referring to the map marked S-3 for Identification, is that an accurate map? A. Yes.

Q. Was it made by actual measurements under your supervision? A. Yes, sir.

Q. Will you explain in detail to the jury the different parts of the diagram and the distances. A. The north point showing the directions of the compass. The scale of this map is one inch equals five feet. The shaded area, the strips represent the walls of the house. The places marked “W” are windows in the first floor. These are doors,

[32] French doors, the main entrance door, these other W’s are windows. The gratings shown here are cellar ventilation, or windows. The gratings on the ground level. This area here is a paved court or a paved porch, uncovered porch; also here is a flagstone court at the front door. A board fence extends westerly from this corner of the house to the square on the left side of the drawing, which represents a pump house. The dotted lines shown here and here (indicating) represent a loose macadam area, that is broken stone, covered with broken stone; in other words, it is a drive way, used here, I presume, for the parking of cars, or some similar purpose. This is the entrance to the house (indicating). The points marked “C.B.” are catch basins to remove surface water underground to some disposal point. The shaded areas shown here, along the edge of this driveway, are trees, small trees. This section at the northwest corner is the garage. I think that covers what that drawing is supposed to show.

Q. And does that diagram truthfully depict the situation as you saw it when you made the map? A. Yes, sir.

Mr. Hauck: Cross examine, Mr. Pope.

By Mr. Pope:

Q. Is it drawn to scale? A. Yes.

Q. What is the scale? A. One inch to five feet.

Q. Was it made from a survey on the ground? A. Yes, sir.

Q. Are the measurements accurate? A. Yes, sir.

Q. Made with the tape? A. Yes, sir.

Q. Are these trees that you have referred to placed in their exact location? A. Yes, sir, the  

[33] center dots on the diagram represent the trunk of each tree.

Q. They were placed there by measurement and by scale on the map? A. Yes, sir. There is one feature, if I may add, that I didn’t refer to.

Mr. Hauck: Go ahead.

The Witness: There is a stone wall that is represented by these lines here. I didn’t mention that before. The wall is, I presume, three or four feet above the ground.

By Mr. Pope:

Q. You mean three or four feet high? A. Yes.

Mr. Pope: That is all.

Mr. Hauck: Is there any objection to offering this in evidence at this time? I offer it, your Honor, and ask the stenographer to mark it.

The Court: It will be admitted as S-3.

Mr. Pope: Tell me once more what the scale was.

The Witness: One inch to five feet.

(The paper was received in evidence as Exhibit S-3.)

Mr. Hauck: Now, Mr. Stenographer, while you are here will you mark the upper map on the left hand side S-4 for Identifi- 

[34] Identification. And this lower map, while you are here, is S-5, please, for Identification.

By Mr. Hauck:

Q. Now, Mr. Roberts, will you take the map marked S-4 for Identification and tell us what the upper diagram represents. A. The upper diagram represents the second floor plan of the Lindbergh house.

Q. And what does the lower diagram represent? A. The first floor plan.

Q. Was this map made by you or under your personal supervision? A. Yes, sir.

Q. And is it an accurate map? A. Yes, sir.

Q. Does it truthfully depict, both of these diagrams truthfully depict the situation as it was when you were there? A. Yes, sir.

Q. When you made the maps? A. Yes, sir.

Q. Take the upper diagram and explain to the Court and jury what it represents. Describe it. A. As in the plan, the S-3, the shaded areas represent the walls on this diagram, this upper diagram. The rooms are marked from the evident use. No furniture in them,—many of them,—when I was there. But it was evident their use, and I marked them so on my plan. In other words, this room here, marked a bedroom, corresponds to this room here on S-2—isn’t that it?

Q. That is right.

By Mr. Pope:

Q. That is the nursery? A. That is it. And back of that is a bath and back of that is a bathroom. Just to the west of this corner room is a bath, then a bedroom, another bedroom, a long hall, stairs going to the first floor at this point, closets,  

[35] an opening to a window, a bath at this point connected with the southwest corner of that floor, a bedroom north and across the hall from the southwest corner, stairs to the lower floor, and two bedrooms and a bath over the garage, on this northwest wing. The north point is shown as on the other drawings, the direction of north is shown on the plan. This north point is not from a compass but is merely for convenience in referring to the sides of the building, which would be the northerly, southerly, or easterly or westerly side, and is not an accurate portrayal of the north on that drawing—it is merely for convenience.

By Mr. Hauck:

Q. Now, Mr. Engineer, will you give us the scale of both of those diagrams, please? A. They are one inch equals five feet.

Q. And they are both the same scale? A. Yes, sir.

Mr. Hauck: You may cross-examine, Mr. Pope. By Mr. Pope (voir dire):

Q. May we have the engineer mark the room which has been referred to as the nursery with the letter “N” with a red pencil. Any objection to that?

The Court: Any objection to that?

Mr. Hauck: No objection, your Honor. The Court: It may be done.

(Witness marks map as indicated.)

 [36] The Court: Mr. Engineer, what did you say the scale was?

The Witness: One inch equals five feet. The Court: Proceed.

Q. What is the size of the room marked with the red “N” representing the nursery? A. Fifteen by approximately-13 and 101/2, 13, 101/2.

Q. I see to the north of the Room marked “N”, a north hallway? A. Yes, sir.

Q. Is that the same hallway that you referred to on the other map that the door led out into? A. The door on the north side of this room marked “N”, this door in S-2 corresponds with this door in S-4.

Q. And you told us this morning, I think, that the door at the northwest corner of the map on S— A. 2.

Q. —on S-2, no, the door in the southwest corner of S-2, led out into another hallway. Will you show us where that hallway is on that map? A. There is a small hallway between the room marked “N” and the bath, this is the door shown on map No. 2. There are two doors there, here, here, and a door from this bedroom.

Q. Did you locate the library while you were there? A. Yes, sir.

Q. And where is the library? A. The library is on the southeast corner of the first floor shown on the lower diagram at this point.

Q. And with reference to the room marked “Nursery”, where is that? A. It is directly underneath the room marked “Nursery”.

Q. Did you notice any desk in the library when you were there? A. No, sir.

[37] Q. There was no desk there or you didn’t notice it? A. I didn’t see any.

Q. Does the window shown in the library and on the southerly wall of the diagram correspond with the window in the upper room, the room immediately above marked “N”? A. Yes, sir.

Q. And is that window directly above the window that looked out from the nursery? A. I didn’t understand the question. I am not sure of what you are asking me.

(The question was repeated by the reporter.)

Q. (Question repeated.)

Mr. Pope: Well, I am afraid that is not what I asked him. I will reframe it.

The Reporter: May I read the question before,—it joined in,—I took his interruption.

Mr. Pope: Go ahead.

(Questions and answers repeated by the reporter as follows:

“Q. There was no desk there or you didn’t notice it? A. I didn’t see any.

“Q. Does the window shown in the library and on the southerly wall of the diagram correspond with the window in the upper room, the room immediately above, marked ‘N’? A. Yes, sir.

“Q. And is that window directly above the window that looked out from the

 [38] nursery? A. I didn’t understand the ques-tion.”

A. The window—This is a window in the southerly face, southerly side of the library, and the window in the southerly side of the room marked “N” is directly above the window in the library.

By Mr. Pope:

Q. Did you notice whether those windows are casement windows or whether they are fitted with sashes which slide up and down? A. The windows on the first floor are casement windows, they are practically doors—they are high French windows, they would be called.

Q. We know what you mean by casement windows. A. The windows in the front of the house —I will have to refer to my notes about these particular windows. These are casement windows here, I am quite sure.

Q. The only one that I am interested in is in room marked “N.” A. May I refer to my notes?

Q. If you wish.

Mr. Hauck: Yes, refer to your notes.

Mr. Pope: Yes, surely.

A. Mr. Gauss has my notes here. (Papers handed to the witness.) Yes, that is a casement window; this is a casement window here.

Q. Now, you say “this is a casement window here.” That does not mean anything on the record. A. All right. That is the one you asked me the question about.

Q. You are pointing to the window on the southerly side of the room marked “nursery,”

 [39] right? A. Yes, sir; and that window is a casement window.

Q. That window is a casement window? A. Yes, sir.

By Mr. Pope:

Q. One that the windows open in or open out? A. Open in.

Q. And it does not slide up and down? A. No, sir.

Q. Are there also casement windows on the east side of the house downstairs? A. No, sir.

Q. They are windows that slide up and down? A. Yes, sir.

Q. Are the windows on the east side of the second floor casement windows or windows that slide up and down? A. Double sash windows that slide up and down.

Q. Did you take particular notice of that window on the south side of the nursery? A. Yes, sir.

Q. That was one of the windows that you went there to examine and to locate and to put on your diagrams, wasn’t it? A. Yes, they were all—

Q. But I mean that one in particular, wasn’t it? A. No.

Q. Now, will you tell the jury how that window was fastened?

Mr. Large: I think it is important, your Honor, to indicate what time he is referring to.

Mr. Pope: At the time the engineer was there, Mr. Large.

Mr. Hauck: Will you point to the point at the time?

 [40] The Witness: As far as I remember I don’t think the window was fastened when I went in the room.

Q. No, I meant was it equipped with a lock so that it could be fastened? A. I didn’t notice that.

Q. You didn’t notice whether it was a bolt lock or what? A. No, sir.

Q. Did you notice the method adopted to fasten any of the windows in the house? A. Yes, sir.

Q. And what particular windows did you notice? A. I noticed the window, the south window on the east side because I had to open that window to make my measurement to the ground.

Q. When you say on the southeast side, you mean the southeast side of the nursery, do you? A. The southeast side of the nursery and the building.

By Mr. Pope:

Q. How was that window fastened? A. An ordinary window catch similar to the window catches in this room.

Q. Were they all casement windows on the first floor? A. The windows on the south side were casement windows, yes, sir.

Q. The windows on the other three sides of the house were slide windows? A. Yes, sir.

Q. Did you notice whether all of the windows on the second floor were equipped with locks? A. No, sir.

Q. Did you notice whether they were all equipped with locks on the first floor? A. No, sir.

Q. Will you tell us how many ways there are, how many stairways leading from the first floor to the second floor? A. Two.

Q. Will you point them out on the map for us?

[41] A. On the first floor plan they are marked “Up” as leading to the second floor, there is a stair leading to the right of the entrance in the main hall and stair just to the south of the garage entrance leading to the second floor.

Q. The one that you are speaking about now, is that from what would be the kitchen wing of the house? A. Yes, sir.

Q. And the other one? A. The stairs correspond on the upper diagram, but they are marked “Down” instead of “Up”.

Q. I see. Recurring to the diagram of the lower floor, the stairway leading to the second floor is immediately to the left of the front door or main entrance as you come in the door and then turn? A. There is a closet that you must pass before you start upstairs.

Q. You turn around a small closet? A. Yes.

Q. And then turn to your left? A. Yes, sir.

Q. And go up the stairs? A. Yes, sir.

Q. Do you go north first and then turn? A. That is right.

Q. And then turn east? A. Yes, sir, and south at the top. There is a landing at the top.

Q. Will you show us where the dining room was? A. The southwest corner of the house indicated here (indicating on map).

Q. Have you a scale ruler there? A. Yes, sir.

Q. Will you tell me how far it is from the library from the dining room? A. They are adjoining rooms. Oh, I beg your pardon. At what point do you wish that measured?

Q. Well, from the wall. A. From wall to wall?

Q. Yes, from wall to wall. A. 29 feet.

Q. Can you tell me how far it is from the top of the stairway landing on the second floor to the door leading into the nursery? A. From the

 [42] center of the top step, as it arrives at the second floor, to the center of the door leading into the nursery, is five feet and two inches.

Q. Five feet two inches? A. Yes, sir; the door is right here.

Q. Now, can you show the jury how one would get from the kitchen wing up to the nursery? A. From the kitchen wing to the nursery, you could go two ways.

Q. All right; give us one way first, taking the stairway leading from the servants’ quarters or from the kitchen. A. I will take the kitchen as being the important section of the kitchen wing. You would go through a door on the west side of the kitchen and walk six or seven feet to a doorway on the north side of a hall, turn immediately to your right and up the stairs, come out at this point, corresponding point on the second floor. Then you would come through, you go a short passage past a closet, turn to the right through the long hall.

Q. No, you turn to the right and then to the left, wouldn’t you? A. Continue to the right and then turn to the left here.

Q. That is right. A. Turn to the right here, to the left at this point, follow through that hall, then through these two doors into the nursery, that would be one way.

Q. Now will you tell me— A. That would be one way.

Q. Will you tell me the distance from the center step, from the center of the top step in the upper hall to the door leading into the nursery. A. Well, which stairs, please, Mr. Pope?

Q. The one that you have just described. A. The one I just described?

Q. The stairway leading from the kitchen, the 40 kitchen window. A. I omitted one thing in telling

 [43] you, that you have to rise two steps from the kitchen window hall on the second floor to the main level. (The witness scales the map.) 64 feet and 9 inches, by the scale 64 feet and 9 inches.

Q. 64 feet and 9 inches? A. Counting the turns, all turns.

Q. And that is approximately correct? A. Yes, sir, including all the turns.

Q. Including all the turns.

Mr. Pope: I would like to ask the engineer, if your Honor please, to trace on the map with a red pencil for the benefit of the jury the course one would travel in going from the top step in the second hall of the stairway leading from the kitchen wing to the nursery door which he has just described in number of feet. May I have that done?

The Court: Has the State any objection?

Mr. Large: Yes, your Honor please.

Mr. Hauck: The State will object to it on the grounds that it is irrelevant and incompetent as far as we can see.

Mr. Pope: Well, it may be incompetent and irrelevant so far as you can see, but so far as we are able to see this case, we think it is very important.

The Court: It does not appear to the Court at the moment that it is so far relevant as to justify the marking of this map  

[44] in that fashion. It may be that later on the proofs will develop that some such marking as that might be advantageous.

Mr. Pope: May we hold our request in abeyance then?

The Court: You certainly may, but we will not mark the map at this time.

Mr. Pope: All right.

By Mr. Pope:

Q. May I ask you this question, sir: Are those two diagrams delineated upon the map which you have just been describing so accurately and so carefully drawn to a scale that the jury can, or we can, any of us, by taking a scale ruler and measuring by any two points that we select obtain the exact distance between those points? A. Yes, sir.

Q. Using a one inch equals five feet scale? A. Yes, sir.

Q. You are quite sure of that, are you? A. Yes, sir.

Q. Was this map drawn by you yourself or by— A. Yes, sir.

Q. (continued) —one of your assistants? A. (Nodding.)

Q. And did you yourself scale all of the diagrams? A. Yes, sir, I measured the distances on the building myself.

Q. Oh, of course. So then you know that the scale is correct and that the diagram is correct? A. It has been checked. After I finished it, it was returned to the building and rechecked to

[45] see that all the lines correspond with the lines in the house.

Mr. Pope: Those are all the questions I have with relation to this map and we have no objection to its admission.

Mr. Hauck: We offer it at this time then, your Honor.

The Court: This is No. 4?

Mr. Hauck: Yes, sir.

(The map was received in evidence and marked State Exhibit No. 4.)

Mr. Pope: May I ask the engineer a question about the first map?

The Court: Surely.

By Mr. Pope:

Q. I believe I asked you this morning, but there seems to be some doubt in counsel’s mind: will you give us the exact distance or can you give us the exact distance from the top of the sill of the lower window on the — that is the southwest side — the southwest side of the house as shown on the map marked “east elevation”?

Mr. Hauck: Are you referring, Mr. Pope, to S-2?

Mr. Pope: Yes, I will put that in—to the top of the bottom sill of the window im-

[46] immediately above it as shown on the diagram marked S-2?

Mr. Hauck: Just a minute. I understood Mr. Pope to say the southwest corner. I believe he means the southeast corner,—do you not?

Mr. Pope: It seems to be the southwest corner. Is the southeast corner? I mean this window sill (indicating on map). Is that the southeast corner?

The Witness: Yes.

Q. So that there may be no mistake about it, then I am referring now to the window of the library downstairs to the window of the nursery upstairs. A. That distance is 9 feet and 10 inches.

Q. Is that marked on the map? A. It is marked—

Q. Or did you scale that? A. No. It is marked by two, two dimensions, which I totalled.

Q. You simply add— A. Yes.

Q. Then by adding these two dimensions we can get that distance? A. Yes, sir.

Q. At any time. A. Yes, sir.

Q. And I believe you told me that the distance from the ground to the top of the sill of that lower window was— A. 4 feet and 5 inches.

Q. 4 feet and 5 inches.

Mr. Fisher: How much from the ground?

Q. In looking at these windows that I have just 40 been talking about—namely, the one in the library

[47] and the one in the nursery upstairs—the map seems to indicate that the downstairs window is a 12 pane window, is that correct? A. Yes, sir.

Q. And the one upstairs is also a 12 pane window. A. Yes, sir.

Q. Are you quite sure that the upstairs window was not a double-sash window? A. I said that it was.

Q. I understood you to say that it was a casement window. A. No.

Q. Now I either misunderstood you or you misspoke yourself. A. I asked you— When you asked me the question I said I wanted to be sure that I was answering about the window that I thought you wanted me to answer. You asked me about this window here (indicating), the south window of that room.

Q. Well, I didn’t mean to, I am sorry. I now ask you, then, about the window leading into the nursery shown on the east elevation of the map. A. That is a double-sashed window.

Q. Marked S-2. And it slides up and down? A. Yes, sir.

Q. And how was that fastened? A. It was fastened with a lock similar to the ones in this courtroom, an ordinary window catch.

Q. That is— A. Moved horizontally.

Q. By that, you mean, of course, the record doesn’t show what was in this courtroom—you mean by that that there was a catch on the top of one sash which turned around and locked into a lock on the other sash’? A. That is right.

Mr. Pope: Now, may I ask the witness at this time something about the terrain of the country over there. I am through with this man.

[48] Mr. Hauck: Well, I have no objection, except I am not through with the direct of this witness yet, your Honor.

Mr. Pope: Oh, that will be all right. Mr. Hauck: I have another map. Mr. Pope: All right, go ahead. By Mr. Hauck:

Q. Mr. Roberts, I would now like you to look at this bottom map which is marked S-5 for Identification. What does that map represent? A. The map marked S-5 is a map prepared, it is an enlargement of a section of the official geodetic map of the State of New Jersey.

Q. Was it prepared by you? A. Yes, sir.

Q. And was it prepared from standard maps? A. Yes, sir.

Q. And what does it represent? A. It represents the countryside, the area in the immediate vicinity of this Lindbergh property, the indication on the map, the house is at a point about the center of the map, and the red line on the right-hand side represents State Highway No. 31; the red line on the westerly, on the lefthand side represents State Highway 30.

Q. Does that map show which county the Lindbergh home is in? A. Yes, sir.

Q. Which county? A. In Hunterdon County, it is north of the county line at about the center of the map.

Q. And what is the scale of that map? A. That map is a scale, due to the fact that it is an enlargement, is not on an actual scale, I have a scale which actually fits it, but it is approximately 23/4 [49] inches to the mile, due to the fact it is an enlargement. I would not want to say it is exactly 23/4 inches to the mile, but it is very close to that.

Q. And is that map an accurate and true picture of the territory as you saw it when you made the map? A. It is a true reproduction of the official State map.

Mr. Hauck: I offer the map at this time, your Honor.

Mr. Pope: Well, I want to ask the witness some questions before I decide whether to object to it or not.

The Court: You may proceed.

By Mr. Pope (voir dire):

Q. Did you make this entire map that you are now referring to? A. I made the small original tracing, as I say, this is an enlargement, I made a tracing from which this is made. My tracing is made from the original the official map of the State Government.

Q. Well, this official map that you call it, that is a map that you obtained where? A. It is one that I have had for several years, it is issued by the Department of Conservation Development in Trenton, available to the public, anyone can have it.

Q. And, of course, you do not know that that map was made from an actual survey or not, do you? A. No, sir.

Q. You merely assumed that that map was approximately accurate? A. From my knowledge of that country I know it is a good representation [50] of the road and the general layout of that country for the purposes of—

Q. Well, that is not what I asked you. A. I am telling you what I know about it.

Q. Oh, I see. Now, after you made your tracing from the State map that you refer to, how did you make this enlargement? A. By what is called photostats, enlarging it, then printing from the enlargement it is made, as you will notice, if you look closely, it is made in four sections pasted together, matched together.

By Mr. Pope:

Q. Well, you mean you enlarged it with an enlarging camera? A. Yes. Not I personally, I did not.

Q. Who did that? A. I had that done for me, in Trenton.

Q. Oh, you sent the tracing out to some establishment and had the photographic copy made from that, the photographic enlargement made from the tracing which you made? A. And then I compared this map which I received back with my original, to see if they had properly enlarged it and had shown the features which were on my tracing and found that to be so.

Q. Will you tell me once more what you have determined to be the approximate scale of the map that you are now speaking of. A. Two and three-quarter miles to one inch.

Q. How nearly is that correct? A. That is correct within a quarter of a mile, I would say.

Q. Will you show me between what points on this map you made your check in order to determine the correctness of the map and its distances. A. I made a check—

Q. Here is the pointer down on the floor. A. I [51] have two points on the county line that you can accurately measure, a monument here at the road and a monument, 1552 feet—I have the exact figure of 1552 feet on a two and three-quarter mile scale; to a fraction of a foot it would be impossible to tell.

Mr. Hauck: Speak out, please.   

The Witness: I mentioned that the distance between these two monuments was 1552 feet. I haven’t named the fraction because it would be impossible to show any fraction of a foot on a two and three-quarter mile scale. 1552 feet is a little over a quarter of a mile to the inch. It would be a little over a quarter of a mile, less than a third.

Q. Take the measurements from the center of the red dot? A. Yes.

Q. The direct center? A. From the edge of this door, Mr. Pope, the west edge of that black line. It is six-tenths of a mile from the house to the public road which checks also with this scale very closely. Here is a half mile and we are just about another tenth beyond that. That with the actual measurements which I had to check that—it is right in one particular and compares favorably with the known angles and so forth.

Q. Just take your scale ruler and check that with that, and see if that isn’t very much more than six-tenths of a mile. A. I can’t check it with this ruler, sir.

Q. Can’t you calculate it? A. I have already got it on here, on this green sheet. I know it is correct because I have taken the time to calculate that and properly mark it.  



[52] Q. And are those the only two points that you checked up on that map? A. No, sir; I also—

Q. What other points did you check? A. I compared—

Q. To test the accuracy of the map. A. I compared the portions shown on S-5 with my S-1 map—P-1.

Mr. Hauck: S-1.

Q. S-1. A. S-1, and find that they are sufficiently similar to consider this map correct. If you ask how many miles it is from the Lindbergh house to State Highway 31, that I could tell you within a quarter of a mile.

Q. But you could not tell us exactly, could you? A. No, sir.

Mr. Pope: We have no objection to the map if it is offered for the purpose of illustration of the general surroundings.

The Court: I take it that that is its manifest purpose.

Mr. Hauck: That is all we are offering it for, your Honor.

The Court: It will be admitted for the purposes of illustration.

(Map of area in immediate vicinity of Lindbergh property received in evidence and marked State Exhibit No. 5.)

By Mr. Hauck:

40           Q. Now, Mr. Roberts, going back to S-1, will [53] you again tell us, point again for the jury to the Lindbergh home and the lane, on that map? A. The Lindbergh home is this mark at about the center of the drawing; the double lines, practically parallel lines, which lead first to the north, then to the east, southeast, from there, represent the lane leading to the road.

Mr. Pope: That does not mean a thing on the record and that is very important. We would like to have that on the record, so that the record will be clear.

Mr. Hauck: Well, I will try to get it on the record.

By Mr. Hauck:   

Q. You are now referring to the double set of lines going from the Lindbergh —the diagram in the middle of the upper section known as the Lindbergh home, and leading to the road known as the Wertsville-Hopewell Road, is that right?

A. I would rather identify that road as the road from Buttonwood Corners to Hopewell. There are other roads leading to Wertsville and Hopewell.

Q. What does the double set of broken lines represent at the south of what you have now designated as the Lindbergh lane? A. An unused wood road, what was evidently a wood road in its former times. There are no wheel tracks in the road now.

Q. Is the entire Lindbergh Lane in the county of Hunterdon? Yes, sir.

Q. And is the wood road in the county of Hunterdon? Yes, sir.

[54] By the Court:

Q. Please point out the Lindbergh Lane. A. The Lindbergh Lane is shown in the solid line leading from this spot in the center of the map which indicates the house. It leads northerly for a short distance and then to the east and then south east until it intersects the road from Buttonwood Corners to Hopewell.

Q. It is between those parallel lines. A. Yes, sir. The length is 3,300 feet.

Q. Where is the wood road? A. The wood road starts approximately 600 feet—that is an estimate from observation at the present time on this map—approximately 600 feet in toward the house from the public road and then runs almost due west, then north and then westerly again and is indicated on the map by a dash line, a broken line, a double broken line.

By Mr. Hauck:

Q. Mr. Roberts, is the Lindbergh home entirely in the county of Hunterdon? A. Yes, sir.

Q. What is the distance from the county line to the wall at the front of the Lindbergh home? A. The distance from the county line to the point, to the lower edge—

Q. Referring now— A. On S-3—to the paved porch it is 870 feet.

Q. Will you take your pointer and go over that line for the jury if you will? A. It is marked here in pencil the distance from the southerly face of the paved porch of the Lindbergh house to the county line is a distance of 870 feet.

Mr. Hauck: Cross examine, Mr. Pope.

[55] CROSS EXAMINATION BY MR. POPE:

Q. May I ask you the last distance that you gave us from the face of the porch wall to the county lane—that is an airline distance? A. Yes, sir.

Q. There is no pathway leading along that point or roadway? A. I didn’t measure that myself. My man measured it. It is measured with a horizontal—

Q. Did you scale it yourself, A. Beg pardon?

Q. Did you scale it? A. Yes, sir.

Q. Then you are testifying from scale? A. No, I am testifying from my field notes, which indicate that that is 870 feet and the house is placed on the map 870 feet north of the county line in accordance with the measurements taken.

Q. Yes. But that distance was measured by one of your men, you say? A. Yes, sir.

Q. Now I am asking you does that distance which you have given us and which somebody else made check with the scale on the map? A. Yes, it does.

Q. Do you know that? A. Well, I put it there; it has to check.

Q. Well, will you scale it for me then, scale it on S-1. A. (The witness made a reply that was inaudible.)     

Mr. Large: I submit we cannot understand or hear the conversation.

The Witness: I don’t think he was asking a formal question.

Mr. Pope: No. Just tell it out loud.

The Court: You are quite right about that, Judge Large.  

 [56] Mr. Pope: State it out loud. Tell the stenographer what you told me.

The Witness: I say that the distance measured on this scale is 870 feet, about 830. There is a slight amount of shrinkage on that print, I imagine. 30 feet is a very small distance on a scale of 375. It is a tenth of an inch.

By Mr. Pope:

Q. How far is it from the Lindbergh house to the nearest point of the Mercer County Line? A. 870 feet.

Q. Wait a minute. As one would travel by road or using the ordinary passageway leading from the Lindbergh house to the Mercer County line? A. 3515 feet, using the lane and the public road.

Q. I would like to ask the engineer some questions about the general condition of the country there.

Mr. Pope: Now, I would like to ask the gentleman about the general terrain of the country there. In the first place, I observe—

Mr. Hauck: Now, may it please the Court, I do not object, but I do not understand it is the cross-examination of the witness at this time.

Mr. Pope: This is cross examination.

By Mr. Pope:

[57] Q. I observe on the map marked S-1 some irregular curling lines, starting at a star in the southwesterly corner of the map and to the right of the road leading from Hopewell to Van Lews Corners and curving upward on an irregular course toward the Mercer County line, then very much enlarged and curving to the south and also upward and crossing the Mercer County line and running around the Lindbergh lane to a point almost at the intersection of the wood road with the Lindbergh lane. Then, those thin out and continue northeasterly and cross the public road leading from Hopewell to Buttonwood Corners and then on over to the road leading to Zion. What does that represent? A. That represents the edge of what I consider a heavily wooded ground.

Q. Then are we to understand that the upper side of these irregular lines is wooded ground? A. Yes, sir.

Q. Heavily wooded ground? A. Yes, sir.

Q. And then the Lindbergh Yard, if we may call it such, was cleared off out of that wooded space? A. Very much cleared in comparison to the area indicated by these lines.

Q. I see. A. There are trees in this other area.

Q. Now how far back toward Wertsville does that wooded country continue? That would be 30 north. A. Oh, about two miles, I should say, possibly three.

Q. Now I want to call your attention to this diagram. I don’t see the mark here. A. S-5.

Q. S-5; and I call your attention to the irregular lines about in the center of the map. There are two rows of them. They look like mountains used to look in our school geographies. What does that represent? A. That is what they are intend- [58] ed to indicate, more or less the outline of what is known as Sourland Mountain.

Mr. Pope: That is all.

Mr. Hauck: That is all, Mr. Roberts.

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