***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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