NEW JERSEY v BRUNO RICHARD HAUPTMANN: TESTIMONY OF H. NORMAN SCHWARZKOPF, 28th PROSECUTION WITNESS


[937] H. NORMAN SCHWARZKOPP, Sworn as a witness on behalf of the State:

Direct Examination by Mr. Large: [938] Q. Colonel, do you hold an official position? A. I do.

Q. What is it? A. Superintendent of the New Jersey State Police.

Q. I show you two writings, marked S‑86 and S‑87 respectively for identification and ask you if you were present when they were written? A.  I was, yes, sir.

Q. Who wrote that? A. Bruno Richard Haupt-man.

Q. Under what circumstances were they written, Colonel? A. Inspector John A. Lyons of the New York City Police Department explained to Bruno Richard Hauptmann that he wanted specimens of his handwriting; asked him if he was willing to give us some. He said, “Yes,” and from a circular which had been published, Inspector Lyons read off the words on that circular and Hauptmann wrote them on two pieces of paper.

Q. In other words, then, as I understand it, he wrote from dictation? A. Yes, sir.

Q. And the spelling is his own?

Mr. Fisher: I object to it.

The Court: How is that?

Mr. Fisher: I object to it as leading, “and the spelling is his own.”

The Court: What is the question?

(The last question was repeated by the reporter: “And the spelling is his own?”)

The Court: Well, that is a little leading. You better reframe your question, Judge.

[939] Mr. Large: All right.

By Mr. Large:

Q. Is the spelling his own? A. Yes, sir.

Q. Referring to whom? A. Hauptmann.

Mr. Large: Do you want to cross examine?

By Mr. Fisher: (on voir dire)

Q. When were these written, Colonel? A. On September 19th, 1934.

Q. At what time of day? A. They were written, it was early in the evening, around seven o'clock; I think it was right after Hauptmann had had supper.

Q. The same day he was arrested? A. Yes, sir.

Q. And where were they written? A. They were written at the Greenwich Street police station, New York City.

Q. From dictation by Inspector Lyons? A. Yes, sir.

Q. Hauptmann was in custody at the time? A. Yes, sir.

Q. And had been since nine o'clock in the morning? A. Yes, sir.

Q. Undergoing questioning during that period of time? A. Intermittently, yes, sir.

Q. Was he represented by counsel at the time the writing was done? A. No, sir.

Q. In the hands of the police? A. Yes, sir.

By Mr. Fisher:

Q. And without any representing him present? A. No, sir.



[940] Mr. Fisher: I object to them for the same reasons as urged in the argument yesterday.

Mr. Large: I call the Court's attention to the fact that they are, as the others, not offered as confessions. They are merely samples of handwriting written by the de-fendant.

The Court: I understand that.

By the Court: Q. Colonel Schwarzkopf, were any promises made to Hauptmann in order to get him to do this writing? A. No, sir.

Q. Was he threatened in order to compel him to do the writing? A. No, sir. It was explained to him that we wanted a specimen of his hand-writing, and he willingly gave it to us.

The Court: Now, Mr. Fisher, do you desire to present any proof upon the question of the voluntary or involuntary character of this act of writing?

Mr. Fisher: Not at this time, sir.

The Court: I will admit the exhibits.

Mr. Fisher: Exception.

[EXCEPTION ALLOWED]

[3423] Mr. Fisher: Colonel Schwarzkopf.

H. NORMAN SCHWARZKOPF, recalled as a witness in behalf of the defendant.

Direct Examination by Mr. Fisher: Q. Colonel Schwarzkopf are you the commanding officer of the New Jersey State Police? A. I am.

[3424] Q. And as such, were you actively in charge of the Lindbergh investigation? A. I was.

Q. From the night of March 1st until the present moment? A. Yes.

Q. And all activity in the State Police in connection with the case has been under your direct control? A. Under my general supervision.

Q. Under your general supervision. You have been responsible for the issuing of orders and for the conduct of the investigation? A. Yes, sir.

Q. Who is the next active officer in command of this investigation, if there is any such person? Who is the next man in line who has been on this job from the start to the present time? A. Captain Lamb.

Q. Now, as a matter of fact, Colonel, you have taken an unusual interest in this case because of its importance, haven’t you? A. I have.

Q. And you have given unusual attention to it? A. I have.

Q. Colonel, was there a duplicate ladder built, a duplicate of the alleged kidnap ladder built by your force? A. There was one built; I don’t know whether it was our men who built it or not; I have forgotten.

Q. But you had a ladder built that was supposed to be an exact duplicate of the kidnap ladder? A. We did.

Q. Was it built two or three sections? A. Three sections.

Q. The full three sections. Where is that ladder now? A. That ladder is at our training school now.

Q. Could you produce that here? A. We can.

Q. What was the purpose of building a duplicate ladder? A. Experimentation.

Q. Along what line? A. Along any line that [3425] might reveal anything that would be of information to the investigation.

Q. At any time during the investigation was that ladder displayed to a person who was engaged in the investigation, independent of your organization, as the original kidnap ladder? A. No, not that I know of.

Q. Was it ever submitted to the Jersey City Police as the original ladder? A. No.

Q. Or to the Department of Justice? A. No.

Q. Those men had access to the original ladder at all times, is that so? A. The original ladder was always available.

Q. Was the duplicate ladder made so far as possible of exactly the same material as the original ladder? A. So far as possible, yes.

Q. So that it was the same both in appearance and in the material of which it was made, is that correct? A. Yes, I believe so.

Q. Were there any experiments made at the Lindbergh house with that ladder? A. There were.

Q. With that ladder against the wall of the house? A. It was.

Q. And in that experiment, Colonel, how many sections were used? A. Two sections.

Q. Two? Two sections? A. Two sections.

Q. Never three sections? A. Yes, it was also put together with three sections.

Q. Then experiments were made at the Lindbergh house with three sections of the ladder stood against the Lindbergh wall, is that correct? A. Yes, I believe so.

Q. Why was an experiment made with three sections when you are of the opinion that two sections were used in the kidnaping? A. Because we tried every possibility with the ladder.

Q. You found, as a matter of fact, didn’t you, [3426] Colonel, when you put three sections up against the right hand side of the window, that the shutter opened directly on the third section of the ladder? A. Yes.

Q. That’s true, isn’t it? A. We did.

Q. So that with three sections of the ladder against the wall it would have been impossible, or virtually impossible, for a man to have stepped into the Lindbergh bedroom, is that correct, because of the shutter swinging in their face? A. The shutter would swing against the ladder.

Q. So that you then went back to experimenting with two sections of the ladder, is that right? A. That’s right.

Q. And you found that came against the house at a point about 30 inches below the window sill of the kidnap room window, is that correct? A. Approximately.

Q. And did you in your experiment set the base of the ladder in exactly the same place that the ladder mark was in the ground on March 1st? A. Yes, sir.

Q. Was that spot preserved in some way, so that it was protected? A. The holes were in the ground and they stayed there for some time afterwards.

Q. How deep was the hole in the ground, Colonel? A. I should judge about two inches deep.

Q. About two inches. Now, was there any mud, Colonel, on the rounds of the kidnap ladder, alleged kidnap ladder, when it was first discovered? A. As I remember the report—it is a little bit vague in my mind now—there was mud on the rungs; yes, sir.

Q. On all the rungs? A. There was mud on the rungs. I don’t remember the detail.

Q. There was mud on the rungs, but you [3427] cannot say which rung or how many? A. Yes, sir, I cannot remember the details.

Q. Now, Colonel, isn’t it a fact that when this ladder was first found you had some difficulty in determining which was Section 1, which was Section 2 and which was Section 3? A. The two sections that were together, that is, that were held together with the dowel pin, it was quite evident what their relative positions were.

Mr. Wilentz: A little louder, Colonel, please.

A. (continuing) The third section would not fit on the bottom of the ladder, and therefore it was very evident where the third section went.

Q. Did it fit on the top? A. On the top, yes, sir.

Q. It fit there at the time it was found? A. Yes, sir.

Q. Now when the ladder was found, Colonel, it was found separated in that way, isn’t that right, the two sections were fastened together? A. Yes, sir.

Q. Now did you have that ladder photographed with a fingerprint photo camera, the kidnap ladder? A. At what time?

Q. Any time after it was found? A. Yes, later it was.

Q. Sometime during the month of March, was it? A. I believe it was the latter part of March.

Q. And it was photographed, Colonel, inch by inch? A. Not necessarily.

Q. Well, was the entire picture taken? A. The camera in this instance would be placed over any prints that seemed to be prints of value, and those photographs would be taken.

Q. Well the side rails, for instance, the six side rails, were they photographed entirely? A. I am [3428] not sure about that. Whoever had processed the ladder and was taking the prints can give you that in detail.

Q. Do you know who that might be, Colonel, Kuebler or Kelly? A. It would either be Sergeant Kuebler or Trooper Kelly.

Q. Would they operate the camera, too? A. Yes, they would.

Q. And if those pictures were taken as you say they were, they would still be among your records, Colonel? A. They would be.

Q. And they could be produced here? A. They can.

Q. Will you produce them for me tomorrow, please? A. We can.

Q. Approximately how many exposures were there on the ladder, how many pictures taken of the ladder altogether? A. I’d have to check on the prints.

Q. If I should suggest about 1200 would that seem to be about right? A. No.

Q. Too many or too few? A. Too many.

Q. Too many. How many square inches of lumber are there in the ladder, do you know, Colonel? A. No, I do not.

Q. If I should suggest about 5,000, would that be approximately right? A. I’d have to figure it up before I could tell you how approximately right it was.

Q. Will you do that for me too, please? A. I will do that.

Q. Now, Colonel, was such an experiment as this made: Was the ladder placed against the building and various of your men sent up and down the ladder? A. Yes, sir.

Q. And what was the purpose of that? A. The purpose of that was to see at approximately what [3429] weights the ladder would hold the men going up and down.

Q. Now you refer to the duplicate ladder? A. To the duplicate ladder.

Q. This ladder, of course, being broken wasn’t used in the experiment, was it? A. No, it was not.

Q. And was it also for the purpose of ascertaining how far in the ground a man at a given weight would drive the bottom of the ladder? Maybe I don’t make myself clear in that. A. I don’t —

Q. What I mean is this: the night you say the hole in the ground was approximately two inches? A. About that.

Q. Now, the test was made and I assume it was made very quickly with the ground in about the same condition. Was there any test made to see how heavy a man would have to be or how light he could be to drive the bottom of the ladder two inches in the ground? A. No. The holes that were there were the holes that were used in the experiment.

Q. You put them right in the same holes, you didn’t move an inch to one side or another, or make an experiment to see what weight would force the ladder down in the ground two inches? A. No.

Q. Then in making your experiment to test the weight, you used two sections of the ladder: is that correct A. That is correct.

Q. And to what height did two sections of the ladder extend in feet? A. Oh, approximately 13 feet.

Q. Thirteen? A. Approximately thirteen.

Q. Each, each section? A. No, the sections were around six—

Q. Six and a half? A. —foot eight inches, something of that sort.

[3430] Q. So it extended, the ladder went up the wall approximately 13 feet? A. Approximately 13 feet.

Q. And at what weight did the similar ladder, the duplicate ladder, break? A. Approximately 180 pounds.

Q. 180 pounds? A. (Nods head.)

Q. Approximately 180? A. (Nods.)

Q. And how many times did you make that test, more than once? A. As to the breaking of the ladder?

Q. Yes. A. No, just once.

Q. Just one time? A. The ladder was broken the one time.

Q. And on that one occasion an approximate weight of 180 pounds broke it; is that correct? A. That is correct.

Q. Do you know how much the Lindbergh baby weighed at the time of its kidnaping? A. About thirty pounds.

Q. About thirty pounds. So that a person coming down the ladder following the theory you were working on, with the thirty pound baby in his arms, would weigh about a hundred and fifty pounds, is that correct? A. Not necessarily.

Q. Well, you say there was a total of about a hundred and eighty? A. That’s correct.

Q. You mean that his position on the ladder would make some difference? A. No; that would give you a range not of the hundred and eighty minus the thirty, but with a man at a hundred and eighty pounds it broke; at a hundred and seventy pounds, approximately a hundred and seventy pounds, it did not break. Therefore, at the weight of a hundred and eighty or above, the normal presumption was that it would break. So that a man up to a hundred and seventy or possibly a hundred and seventy-five pounds could [3431] have gone up, but with the added weight it would have broken when he came down.

Q. But the fact remains, Colonel, that it did break at a hundred and eighty pounds. A. Yes, sir.

Q. That’s true, isn’t it? A. Yes.

Q. No matter what the normal expectancy might be, it did break at a hundred and eighty pounds. A. Yes, sir.

Q. And it didn’t break at less than that. A. No, it did not.

Q. And you didn’t put more weight than that on there to see how much more than that it would take on another try; it broke at a hundred and eighty pounds, that’s correct, isn’t it? A. Yes, sir.

Q. Now, where did the duplicate ladder break? In the same place as the original? A. In the same place, yes, sir.

Q. Same place. And that’s where the dowel pin— A. Yes, sir.

Q. —goes through. Incidentally, Colonel, was there any such piece of wood as the dowel pin found about the Lindbergh dwelling after the kidnaping? A. (No answer.)

Q. A three-quarter inch piece of wood that was very similar to the dowel pin, was there such a piece of wood found on the Lindbergh property? A. I don’t know when you refer to. You will have to be more specific.

Q. As a matter of fact, wasn’t there such a piece of wood found in the Lindbergh library? A. I don’t know what you refer to.

Q. Let me ask you this: is it true that there was found in the Lindbergh library, after the kidnaping a three inch long piece of maple of the identical size and quality as that used in the dowels for assembling the ladder, discovered in a corner of [3432] the library in Colonel Lindbergh’s home by Sergeant Gardner, one of your men, and reported to you? A. I don’t recall that.

Q. Did you have a report on this ladder submitted to you in writing on March the 10th, 1932, by Mr. Squire Johnson, Assistant Director of Construction, Division of Architecture and Construction? A. A report came to me from the Department of Institutions & Agencies, yes.

Q. Signed by Mr. Squire Johnson? A. I believe it was.

Q. Will you glance over that and tell me whether or not that is a copy of the report? A. I wouldn’t recall that now, Mr. Fisher. I would like to compare this with our record.

Q. Will you do this: Will you bring me the original tomorrow when you come here? A. Yes, surely.

Mr. Fisher: Very good. And with that understanding, I should like to defer any further questions on that report until the Colonel has the original here and we will have more certainty about it.

Mr. Wilentz: On this business of deferring questions, if your Honor please, I think that the witness either ought to be exhausted now or not. If he wanted that report here, if he was entitled to it and wanted it, we should have had some notice about it. I have no objection, if he has a right to examine about the report, to his doing it. But are we going to pull these witnesses on and off?

Mr. Fisher: The Attorney General is perfectly right, and I have in my pocket a subpoena duces tecum, but your Honor [3433] knows how we were taken by surprise on our witnesses, and Mr. Wilentz is right in his objection.

Mr. Wilentz: I should object to the report because I can’t cross-examine the report, a report by somebody else. I don’t think it is admissible anyhow.

Mr. Fisher: I assumed I was paying the Attorney General a courtesy by laying it over until he could get the report. I want to be perfecty fair about it. I could examine on it now.

Mr. Wilentz: I would object to any such report now. Let’s argue it. We may not have to have the report here tomorrow. Assuming the report is here, assuming counsel wants to offer it—

Mr. Fisher: That isn’t the point. The point is, I suppose, there will be no objection from the Attorney General until he at least hears the question I intend to propound to the witness, and I may want to ask him questions as to whether or not this or that is true, taking my foundation of fact from a report submitted to the Colonel. That wouldn’t be offering the report in evidence. It would be under a direct examination and, I feel, quite proper examination.

Mr. Wilentz: I have no objection to questions that counsel asks of the Colonel, as to whether certain things are true or not. That doesn’t need to wait for the report. [3434] I will have objection to any questions as to what this report contained.

The Court: Well—

Mr. Wilentz: For the very good reason that I can’t cross-examine a report.

Mr. Fisher: You can subpoena the man who made it.

The Court: Suppose you proceed with the examination of Colonel Schwarzkopf to the extent that you are able and it may well be that you will not have to have the original report.

Mr. Fisher: That may very well be.

The Court: Suppose you proceed, Mr. Fisher.

Mr. Fisher: Thank you.

By Mr. Fisher:

Q. There was such a report submitted to you, wasn’t there, Colonel? A. Yes, sir.

Q. Now, did you ascertain from that source or from any source as chief of the investigation that investigation of the ladder disclosed that it was built by a person who wielded a saw with the left hand?

Mr. Wilentz: I object to that, if your Honor please, as calling for hearsay testimony.

[3435] Mr. Fisher: Oh, no, that goes a long way from the hearsay rule, your Honor. Here is a man in charge of operations and I am now asking him as a result of being in charge, what information came to him from the people whom he employed in the investigation. That is certainly not hearsay.

The Court: I think you had better confine your examination of Colonel Schwarzkopf to what Colonel Schwarzkopf knows.

Q. Did you ascertain from the investigation conducted by you that the indications all pointed to the fact that the kidnap ladder was made by a person who wielded a saw with his or her left hand?

Mr. Wilentz: I object to that. I have no objection, if your Honor please, if I may suggest it, I have no objection to the Colonel being asked what his investigation revealed as to the ladder, but I do object to counsel suggesting to him—

The Court: Your objection now seems to be that the question is leading.

Mr. Wilentz: Yes.

The Court: Well, of course, there is merit in your objection so that Mr. Fisher will have to proceed with his examination henceforth without the objectionable feature of leading.

Mr. Fisher: Very good, sir.

[3436] Q. Will you tell me what the investigation conducted during the first ten days after the kidnaping, in reference to the ladder, disclosed?

Mr. Wilentz: I object to that, unless the investigation was by Colonel Schwarzkopf.

Mr. Fisher: He is in command of the investigation and has so testified.

Mr. Wilentz: Yes, you so stated.

The Court: If you have framed your question as to what his investigation disclosed the question is proper.

(Question repeated by the reporter as follows: “Will you tell me what the investigation conducted during the first ten days after the kidnaping, in reference to the ladder, disclosed.”)

Mr. Wilentz: Providing it was your investigation, Colonel.

Mr. Fisher: Or under your direction, sir.

The Court: No. Let your question now be as to what his investigation disclosed.

Mr. Fisher: All right, sir.

A. I carried on no personal investigation of that.

Q. But you had, working under you, and under your direct supervision, you being responsible for the operators certain individuals, didn’t you? A. I did.

[3437] Q. And they were answerable to you, weren’t they, Colonel? A. They were.

Q. And they made their reports to you, didn’t they? A. They did.

Q. Yes. And as a result of that what information came to you during the first ten days of March as to the ladder? A. A very great deal of information of a very conflicting sort. There were a number of people who reported various opinions that they had as to the ladder and most of those opinions were conflicting. It was for that reason that we referred our investigation to the Federal Department, took it to the Department of Forestry, who subsequently turned it over to Mr. Koehler.

Q. Do you want to say now, Colonel, in the first ten days of March there was so much confusion in the reports submitted by your subordinates as to this ladder that you couldn’t make any sense out of them? A. No, sir, I don’t say that. There wasn’t any confusion— I say, a great many people came in to give us their opinions presuming to be experts along various lines from boat builders, from organ builders, from various industries and carpenters, window cleaners and various groups of people of that kind were desirous of being helpful and a lot of opinions were submitted, most of them in conflict with the other opinions.

Q. Let us confine ourselves for the moment to just such reports as came to you from your subordinates or people in the employ of the State of New Jersey, people who are making reports either under the direct supervision of you or under the supervision of other State departments to you.

Mr. Wilentz: Well, now, as to those who [3438] made reports under Colonel Schwarzkopf’s supervision I may not have an objection. As to those who made any examination and reports and who were under somebody else’s jurisdiction I do object. The question is twofold.

The Court: The objection is sustained.

Q. From your own subordinates, from your own department, did you receive any information during the first ten days of March indicating that the person who made the so-called kidnap ladder wielded a saw with his or her left hand? A. Not that I recall; no, sir.

Q. Who was Squire Johnson? A. I understand that he was an employee of the Department of Institutions and Agencies.

Q. Was he asked by you to conduct an investigation? A. No, sir.

Q. Was he asked by the Governor of the State of New Jersey to do it? A. Not that I know of.

Q. Do you know whether or not he was? A. No, I do not.

Q. But the fact remains that he did submit in writing to you a report, didn’t he? A. No, sir.

Q. He didn’t submit a report to you? A. It was submitted, I believe, to his Department, and they submitted it to me.

Q. Well, no matter how it got there, eventually it got from Squire Johnson to you, didn’t it? A. Yes, sir.

Q. And you still have it in your file? A. Yes, sir.

Q. So that to that extent it was an official report, wasn’t it? A. Yes, sir.

Q. Yes. Now, from that official report did you ascertain that the person who is alleged to have [3439] built the kidnap ladder wielded a saw with his or her left hand?

Mr. Wilentz: Just a minute. I object to the question for the very good reason, I submit, if your Honor please, that it is not material, it is not admissible, because it would be impossible for me to cross-examine the report.

The Court: The objection is sustained.

Mr. Fisher: I pray your Honor will grant me an exception.

[EXCEPTION ALLOWED]

By Mr. Fisher:

Q. Now Colonel, was the ladder then found a well-constructed ladder from a mechanical standpoint, in your opinion? A. I don’t feel that I am expert enough to pass judgment on that, Mr. Fisher.

Q. Well, do you feel that you would know a good ladder from a poor one as the commanding officer of the New Jersey State Police? A. It is not a standard well-built ladder, no.

Q. As a matter of fact, Colonel, you consider it a pretty poor job mechanically, do you not? A. Yes.

Q. Yes. And such a ladder as in your [3440] experience had never been brought to your attention before? A. No.

Q. Is that correct? A. It had not.

Q. It was a nesting ladder or—I don’t know too much about them either, you see—it was a sectional ladder, wasn’t it? A. It was.

Q. One section folding into the other or resting in the other, is that correct? A. Yes.

Q. In your experience have you noticed that type of ladder used down in the South Jersey fruit country? A. I have not.

Q. Used to put up into the top of apple trees or pear trees or other fruit trees? A. I have not seen them.

Q. Peach trees, reaching up into peach trees? A. No, not on any kind of a tree.

Q. What have you to say as to the rungs of the ladder, as to the width between rungs? Was that as you usually find, them in a ladder, the space between rungs? Was it unusually long from rung to rung? A. It seemed so to me, yes, sir.

Q. Now, Colonel, at the time the ladder was found was there any paint on it anywhere?

Mr. Fisher: May we have the ladder out again, please, Captain Snook?

Mr. Wilentz: Yes; bring it out.

A. There was some paint on it.

Q. Well, what color was it? A. It was red paint.

Q. And was there anything done to ascertain the type and kind of paint that it was? A. Yes, an investigation was made on that.

Q. Submitted to the Sherwin-Williams Company, wasn’t it? A. I would have to look up the reports on that, Mr. Fisher.

[3441] Q. But to some paint company? A. Yes, it was.

Q. And the reports indicated that it was a common garden variety of red paint? A. Yes, sir.

Q. Such paint as is used frequently by plumbers, mechanics of that kind: is that right? A. I would have to look at the reports.

Q. As a matter of fact, wasn’t there some of the same type of paint found in the State Village for Epileptics at Skillman? A. I didn’t find it. I would have to refer to the reports on that, Mr. Fisher.

Q. Wasn’t there some of the same type of lumber which was found incorporated in the ladder that was found on the grounds of the State Epileptic Village at Skillman, A. I would have to look up the reports on that. I might say that it was, the report on that was not sufficiently significant to cause me to remember it especially.

Q. Now, I ask you this, Colonel: wasn’t there a piece of wood found in the State Epileptic Village that had on it just such a red daub as appears on this ladder, wherever the red daub appears? (Examines ladder.) What has happened to the red daub?

Mr. Wilentz: What is it,

Q. Oh, here. Is that as it was at the time it was found? Of course— A. Yes, like it, I suppose. Yes, just about it, yes, sir.

Q. Would you say—Did you say whether or not you know that there was a piece of wood found at Skillman similar to the wood that I have just shown you and bearing such a red daub? A. I don’t recall.

Q. Now, Colonel, what about the ladder as to having any marks of transportation on it? 3442 A. Was there any oil marks or grease marks or anything of that sort on the ladder when it was found?

Mr. Wilentz: If you know, Colonel?

Q. Yes, of course, if you know. A. I don’t recall in detail, Mr. Fisher; we have a number of thousand of reports.

Q. I can readily appreciate that. A. And you ask me the details of one or two of these reports, it is rather hard for me to recall.

Q. About the color of the ladder when it was found, it wasn’t the shape it is in now, was it, in color, as to color? A. No, it was lighter in color.

Q. Very much lighter, and was it evenly colored? A. Yes, as nearly as I remember, it was pretty evenly colored.

Q. Now, a certain process was used in that ladder, wasn’t it, Colonel, for the purpose of picking up fingerprints, if any? A. Yes, sir.

Q. And after that process was used, was there anything else used on that ladder? A. In what way?

Q. For the purpose of cleaning up the evidences of it? A. Yes, sir.

Q. What was used? A. A chemical solution that was recommended to us was used to wash off the red marks that had gotten on there in processing it.

Q. And was it said to you that that would destroy forever any possibility of picking up additional fingerprints on the ladder? A. No, sir.

Q. It was said that it wouldn’t? A. Nothing was said about that at all. As a matter of fact, as time advanced, practically all of the fingerprints had faded into the general red color on the lumber. They lasted a short period of time and [3443] then they just faded into the wood, and no fingerprints were distinguishable as such any more.

Q. Well, did you know or do you know, Colonel, that as a result of Dr. Hudson’s method, a fingerprint can be brought back out of the wood a number of months after it is placed there? A. I believe that is correct, but as I understand it, if this chemical remains on the wood, in time the whole becomes the same color, and the fingerprint is lost, and then it cannot be revived.

Q. And do you say, Colonel, that after a piece of wood is washed with a bichloride of mercury solution you can still pick up fingerprints? A. I don’t know.

Q. Now Colonel, is it a fact that Trooper Kelly didn’t bring back from the kidnap room a single readable fingerprint? A. There were a number of smudges and the lines and marks in them were such that they would not be of value for identification purposes.

Q. And despite the testimony of Mrs. Lindbergh and Miss Gow that they personally put the window up and put it down, and personally put the child in bed, you say that there was never turned in to you a single readable fingerprint of anyone from the kidnap room? A. Yes, sir, that’s correct.

Q. Didn’t that indicate to you that after the window was lowered and the child was put to bed, that someone washed the woodwork with some sort of solution? A. No, sir.

Q. It didn’t strike you as peculiar that in a room where admittedly three people had been touching woodwork, not a single print was to be found? A. As a matter of fact, if I remember correctly when no fingerprints were found at first I ordered that a re-examination be made and the re-examination did not disclose any readable fingerprints.

Q. Now that same, evening, Colonel, the evening that Kelly was taking fingerprints in the Lindbergh house, or within a very short period of that time, didn’t Sergeant Kelly take some fingerprints down in Hopewell where there had been a safe robbery in the village of Hopewell? A. I don’t remember that, Mr. Fisher.

Q. The smudges you speak of, where were they discovered, Colonel? A. Sergeant Kelly, Trooper Kelly, can give you the information on that.

Q. Do you know whether they were from the crib or from the window or the door knob? A. Trooper Kelly would have that.

Q. Kelly would know that? A. Yes.

Q. Were you present personally when the re-examination was made for fingerprints? A. No, sir.

Q. Who made that, the same man who made the first one, Kelly? A. Probably, or Sergeant Kuebler, yes, sir.

Q. Now, did you meet Dr. Hudson, Colonel? A. Yes, sir, I met Dr. Hudson.

Q. At the Lindbergh home? A. Yes, sir.

Q. About when as near as you can remember, would it be about the 12th or 13th of March? A. About the 12th or 13th of March, around the middle of March.

Q. And was he working on the ladder with Kuebler and Kelly? A. I don’t recall Dr. Hudson working on the ladder at all. I know that he had one or two boards. He demonstrated his method and showed how these prints could be brought out, but I do not recall Dr. Hudson working on the ladder at any time.

Q. Do you recall Kelly and Kuebler and Dr. Hudson going down into a little room, a laundry or a tub room in the Lindbergh basement where they took some prints from the ladder? Do you remember their going downstairs into this little basement room? A. I don’t recall Dr. Hudson being there. I know that most of the processing of the ladder was done down in that room.

Q. Well now, Colonel, as a result of Dr. Hudson’s process, prints were developed on the ladder where no prints could be found before? A. Yes, sir.

Q. That’s true, isn’t it? A. Yes, sir.

Q. Can you say how many prints were developed by Dr. Hudson? A. I cannot say offhand. I would have to look that up.

Q. Several hundred? A. No, I don’t believe so.

Q. If I should suggest to you 500 would you think that was too many? A. Yes, sir.

Q. And were some of the prints later identified? A. I would have to refer to my records on that, Mr. Fisher.

Q. Well, Colonel, at no time was the fingerprint of Bruno Richard Hauptman identified as being on that ladder? A. Not that I have any knowledge of.

Q. Now you discovered by Hudson’s process that you could get prints where Kelly couldn’t find any? A. Yes, sir.

Q. Now did you submit to him the ransom notes and ask him to fingerprint those? A. (No answer.)

Q. Did you submit to Dr. Hudson the original ransom notes and say, “Here Doctor, you have had great luck with the ladder, here are the ransom notes; see what you can do with those”? A. We did submit the ransom notes to his process.

Q. Did you submit those to Dr. Hudson? A. We were using his process on them.

Q. Did Hudson ever see the ransom notes? A. No.

Q. No.

[3446] Mr. Wilentz: I move that the “No” be stricken out.

Mr. Fisher: I caught the habit from you this morning.

Q. Colonel, a man came down from New York and he taught your men and worked with your men and where your men could find no prints, he developed, we will say, dozens—

Mr. Wilentz: Just a minute. A. That’s so.

Mr. Wilentz: Just a minute. The question has been answered on several occasions that Colonel Hudson on March 12th or 14th, with a new process, that had been developed since March 1st, made the experiment for fingerprints on the ladder and that he found fingerprints. Now that question has been answered many times.

The Court: I think that is so, Mr. Fisher, the record speaks for itself.

Q. But after that had happened the original ransom notes never were submitted to Dr. Hudson for his examination, were they? A. No, sir.

Q. No. A. It was not necessary.

Q. You say it was not necessary? A. No, sir, it was not. He had shown us his process, and under his process we processed the notes.

Q. You say that it wasn’t necessary to let the man who introduced this thing to you see the notes; that’s your answer, is it? A. Yes, sir.

Q. Very good. Did you process the original [3447] ransom note with the Hudson method? A. With one of the Hudson methods, yes, sir.

Q. Well, now, as a matter of fact, Colonel, Hudson showed your men down in the basement of the Lindbergh home how to process wood for fingerprints, didn’t he? A. Yes, sir.

Q. And at that time he didn’t do a thing about paper, did he? A. No, sir.

Q. No. A. We inquired about it, though.

Q. And yet you say that you used his method on the letters. A. He had two other methods, that he also showed us, and we processed the paper with those.

Q. Now, Colonel, did you call any fingerprint experts outside your department in in this investigation? A. No, sir.

Q. What about Federal fingerprint men? Were there any? A. I don’t believe—no, there were not.

Q. Or New York State fingerprint men? A. No.

Q. That is, men from the New York City Police Department? A. No, there were not.

Q. Or Newark City Police Department? A. No.

Q. Nor Jersey City? A. No.

Q. So that the only fingerprint men that ever had a chance to examine and inspect the ransom notes for fingerprints were the men from your own particular department? A. Yes, sir.

Q. Is that correct? A. Yes, sir.

Q. And it didn’t occur to you that anybody else should be called in? A. We used our men on it.

Q. That’s right? A. Yes, sir.

Q. Colonel, how many times was there the original kidnap ladder taken apart and put back together again, if you know? A. I do not know.

Q. To your knowledge, how many times?

Mr. Wilentz: Does counsel mean how many times he saw it put together—

[3448] Mr. Fisher: That is right.

Mr. Wilentz: —or what he heard about it?

A. I did not see it taken apart and put together.

By Mr. Fisher: Q. Is it your impression that this rung here looked like that the night that it was picked up out in the Lindbergh home, the space in here, this ripped off in here? A. I believe not, no.

Q. You believe no? A. (Nods head.)

Q. So that somewhere along the line that change has been made in the ladder, hasn’t it? A. Yes, sir.

Q. At the time it was picked up it was flush? A. I believe it was.

Q. Like this one, for instance. A. Yes, sir.

Q. What about this strip down here—has that been broken off since the ladder was here, referring now to, I guess that is rail—it isn’t Rail 16. I don’t know which rail it is. Referring to this rail along here in the third section of the ladder. A. The number is on there, I believe.

Mr. Pope: On the side.

Q. On Rail 17, this piece of wood that seems to be chipped out, was that that way the day it was picked up or— A. I believe not; no, sir.

Q. You think that that also has happened since? A. Yes, sir.

Q. Do you know how that happened, Colonel? A. No, I do not.

[3449] Q. Do you know where the kidnap ladder was on March 2nd in the afternoon?

Mr. Wilentz: 1932?

Mr. Fisher: ‘32, yes, sir.

A. I do not know where it was because I was in charge of a number of details at that time and did not see it, had no opportunity to see it then.

Q. Now, Colonel, on what occasion, on what date—Withdrawn. When did Murray Rosner first appear on the scene in this kidnaping?

Mr. Wilentz: I object to that as not being material, if your Honor please.

Mr. Fisher: It is highly material, your Honor.

Mr. Wilentz: Highly material?

Mr. Fisher: Highly, one of the most important phases of this entire case.

The Court: What is your idea on the relevancy of it?

Mr. Fisher: My idea is that I want to show that the original ransom insignia was in the possession of a man who had connections with the underworld very early in the case.

Mr. Wilentz: Before the ransom note was found?

[3450] Mr. Fisher: With your permission, sir, I will address the Court.

Mr. Wilentz: I should apologize, of course, and I do.

Mr. Fisher: Thank you, thank you, it is very gracious of you.

The Court: I think it is a material inquiry.

Mr. Fisher: We want to show this: the development here from the testimony of the witness Trendley and from many other spots in the case, from Dr. Condon’s testimony that there is a vast dissimilarity in the ransom note found in the nursery and the subsequent notes. Dr. Condon, your Honor will recall, said one was a poor imitation of the other. Trendley said he could find only one little word “is” that had been used out of the ransom note. Now, we feel it is very pertinent, highly important to show who was in possession of a knowledge of the original ransom insignia, how they came about their knowledge and what they did with their knowledge.

Mr. Wilentz: After the inquiry that I tried to direct to counsel who seemed to object to it, if your Honor please, I will attempt to direct it to counsel through your Honor, which, of course, is the proper way. What I wanted to know was, so that I might be able to answer counsel, if there is an answer, is whether or not the purpose is to show the possession and the knowledge of [3451] the symbol before or after the first ransom note was found in the Lindbergh home.

Mr. Fisher: I suppose the way, your Honor, to find what our purpose is, would be for you to withdraw the objection and let the witness say what it is.

The Court: Well, what is the present question?

Mr. Fisher: When he first met Murray Rosner.

The Court: Oh.

Mr. Fisher: And I wanted to develop that Rosner got the insignia. Now, I don’t know what day it was, your Honor, and if the Attorney General will tell me—

Mr. Wilentz: I have no objection to him saying when he first met Rosner or when he first met—

The Court: No, I suppose there is no objection to that.

Mr. Fisher: I thought it was—

Mr. Wilentz: That wasn’t the question.

Mr. Fisher: Read the question.

Mr. Wilentz: Answer it.

Mr. Fisher: Read it, let’s read it.

[3452] Mr. Wilentz: Just a minute. I don’t think we have to take up the time, if your Honor please, to bicker about that.

Mr. Fisher: I didn’t think so, either.

The Court: What is the present question?

The Reporter: “Question: When did Murray Rosner first appear on the scene in this kidnaping?”

Mr. Wilentz: That’s different than when did he meet Murray Rosner.

Mr. Fisher: I mean exactly the same thing, your Honor.

Q. When did you first meet Murray Rosner?

Mr. Wilentz: Well now, just a minute.

The Court: You may put that question.

Mr. Wilentz: That is a different question. I want it recorded.

Mr. Fisher: I am so sorry. I thought it was exactly the same in intent and meaning.

A. I don’t recall the date, Mr. Fisher.

Q. Well, was it two days after the kidnaping or three? A. To the best of my recollection it was five or six days after the kidnaping.

Q. Five or six days after the kidnaping? A. Yes, sir.

[3453] Q. Now, did you display to Murray Rosner the original ransom note? A. I did not.

Q. Did he ever see it?

Mr. Wilentz: I object to that, if your Honor please.

Q. If you know. A. I don’t know.

Q. Who had charge of the ransom notes at that time? A. Captain Lamb or myself.

Q. And do you say now that Murray Rosner never saw the original ransom note?

Mr. Wilentz: Just a minute now. The Colonel is his witness and the Colonel said that he didn’t display it to him, and he doesn’t know whether it was ever displayed to him.

The Court: Exactly.

Mr. Fisher: Pardon me.

The Court: Exactly.

Mr. Fisher: The Colonel said on another date, your Honor. Now I am asking him an entirely different question.

Mr. Wilentz: It is a different question as well as a different date, and that is the question I object to, whether the Colonel says that Murray Rosner never saw that; that I object to.

The Court: The witness said not to his knowledge.

 [3454] Q. Was that the answer, Colonel, that to your knowledge Rosner never saw it? A. Not to my knowledge.

Q. Very good. But you say that the ransom notes were also in the possession of Lamb on occasions: is that right? A. Yes, sir.

Q. Well, Murray Rosner was up around the Lindbergh place? A. He was.

Q. And he was what you call an intermediary, wasn’t he, a go‑between? Wasn’t he a go‑between in the kidnaping? Wasn’t he the man who was expected to contact the kidnapers? A. Not for the police.

Q. Did he introduce you to Spitale and Bitz? Did Rosner bring Spitale and Bitz into the picture? A. I did not meet Spitale and Bitz.

Q. Do you know whether Rosner brought them in or not? A. I do not know.

Q. Who would know that?

Mr. Wilentz: I object to that as not being material.

Mr. Fisher: It is material. It is the crux of the whole thing.

Mr. Wilentz: I submit it is the crux of nothing.

Mr. Fisher: Then let it in. Don’t argue about it.

Mr. Wilentz: You are asking this witness—

The Court: Let us proceed in an orderly fashion.

[3455] Mr. Fisher: I am sorry, your Honor.

Mr. Wilentz: I object to the question if your Honor please, because it is not material, it is not competent, it is not admissible: Who would know when he doesn’t know?

Mr. Fisher: He was in command of the whole investigation, sir.

The Court: I sustain the objection.

Mr. Fisher: Exception.

[EXCEPTION ALLOWED]

By Mr. Fisher: Q. Colonel, from time to time during the investigation did you issue written bulletins to the press? A. I did, yes, sir.

Q. And how many of those bulletins were there? A. I believe we had either three or four press releases a day during the early portion of the investigation. I don’t remember how many exactly there were.

Q. And they were all issued in writing? A. Yes, sir.

Q. Now, in one of those releases did you state that you had definite evidence which would connect Harry Fleischer with the crime? A. No, sir.

 [3456] Q. Did you mention Harry Fleischer in your releases? A. I probably did.

Q. Did you attempt to run Harry Fleischer down for weeks? A. We attempted to run everyone down, Mr. Fisher, that we thought might have any connection with it.

Q. That is right. You thought Fleischer had some connection with it, didn’t you? A. No, sir.

Q. Well, why did you just say then you ran down anyone that might have connection? A. We tried to run down the various criminals that were known to be at large and had them account for where they were on March 1st.

Q. Colonel, did you issue a statement saying that the suicide of Violet Sharpe virtually solved the kidnaping? A. Such—I don’t recall any such statement.

Q. To the press. Do you say that you didn’t issue such a statement? A. I am quite sure that I didn’t.

Q. Will you say positively whether you did or you did not, to the best of your knowledge? A. I cannot tell you that, Mr. Fisher. I say I am quite sure that I didn’t.

Q. Well, did you feel that it did solve the kidnaping, the death of Violet Sharpe went a long way towards solving the kidnaping? A. No, sir.

Q. Then you know that you never issued any such statement? A. Yes. I say I am quite sure that I didn’t.

Q. If you had no such idea, Colonel, there is no question in your mind about it, is there? A. No.

Q. No. Then why do you say you are quite sure? You are positive, aren’t you?

Mr. Wilentz: Just a minute. This is Mr. Fisher’s witness.

[3457] The Court: He has answered the question in all good faith.

Q. Colonel, let me ask you this: On March 2nd you were searching—or shortly thereafter, along in the month of March, for a person with a certain type of automobile, weren’t you? A. Yes, sir.

Q. What type of automobile, what color? A. A dark automobile.

Q. What color? A. We had a number of colors reported to us from people who had seen cars around that section. We were looking for any dark color, and we had also had a dark blue—

Q. And a green? A. Dodge.

Q. Had you had a green? A. I believe it was. I am not positive.

Q. Did you find such a car in the home of one Chiapelli at a spot very near the Lindbergh home? A. I don’t recall that offhand. I can find it in my reports.

Q. Did you find a car there hidden away under certain hay out of sight when your men got there but which was turned up by a close examination? A. There was a car found by the investigators like that.

Q. And wasn’t that a green Dodge sedan? A. I don’t recall that.

Q. And although it had no license plate on, weren’t the tires fully inflated? A. I don’t recall the details of that. I can find it in my reports, though.

Q. But there was such a car found up there very near the Lindbergh home? A. There was a car found under a haystack, yes, sir.

Q. Didn’t you also check up a green sedan car abandoned on the East Side of New York which investigation disclosed had been stolen in [3458] Lakewood, New Jersey? A. That car was investigated, yes, sir.

Q. And in that car wasn’t there a blanket and a milk bottle? A. I believe there was, yes, sir.

Q. What became of that blanket, if you know, Colonel? A. I believe there was an extensive investigation made as to the manufacture of that blanket, and of the number of thousand of those blankets that were made we tried to trace the final destination of them.

Q. Were there any fingerprints taken on that car? A. I would have to refer to that report for the details on that.

Mr. Fisher: That’s all, Colonel.

Cross-Examination by Mr. Wilentz:

Q. Colonel, every car that you found and every clue that you found until the day of Mr. Hauptmann’s arrest was carefully investigated to the best of your ability and the ability of the other agencies, were they not? A. Yes, sir.

Q. And every one of these clues were eliminated by information that came, isn’t that so? A. Yes, sir.

Q. And every known criminal that had any connection with kidnaping of course you looked for. A. We not only looked for them, we sent out bulletins and tried all over the world to get a trace of them.

Q. And of course there was no criminal record on file in the United States of America of Hauptmann, was there? A. No, sir.

Q. He had come into the country illegally and therefore there was no record of it, isn’t that so?

Mr. Pope: We object to that question.

[3459] Mr. Wilentz: Well, it is cross-examination.

Mr. Pope: He is asking this witness to testify whether Hauptmann came into the country illegally or not; that is one part of the question.

The Court: Well, you proved that as a part of your case, didn’t you?

Mr. Pope: That wouldn’t be any reason why there wouldn’t be any record, of Hauptmann. The reason there wouldn’t be any record of Hauptmann in this country would be because he hadn’t committed any crime, not because he came into this country illegally. The question is this, your Honor: “And the reason you didn’t find any record of Hauptmann was because he came into this country illegally.” Of course that doesn’t follow at all.

Mr. Wilentz: I will reframe it if there is any difficulty.

The Court: Yes. I think you had better reframe it.

Q. The criminal record of Mr. Hauptmann in Germany was not recorded in any of the agencies in this country, was it?

Mr. Pope: I object to the question as immaterial and irregular.

Q. So far as you know. A. No, sir.

[3460] Mr. Pope: I object to the question.

The Court: One moment.

Mr. Wilentz: Well, they brought out the fact that he had a criminal record in Germany.

Mr. Pope: From this witness?

Mr. Wilentz: From any witness; and counsel has gone into this man’s investigation, if your Honor please.

The Court: Just read the question to me.

The Reporter: The question is: “The criminal record of Mr. Hauptmann in Germany was not recorded in any of the agencies in this country, was it, so far as you know?”

Mr. Pope: That is presuming there was a criminal record recorded even somewhere in Germany and there isn’t any evidence as that.

The Court: There isn’t—

Mr. Pope: As I remember, sir, the defendant said—the defendant told very frankly on the stand the difficulties that he had gotten into in Germany.

The Court: He said he was convicted of crime there, didn’t he?

Mr. Pope: What is that?

[3461] The Court: He said he was convicted of crime over there, didn’t he?

Mr. Pope: Yes, but that isn’t a record, that is merely his personal record of what he might have done. We are speaking now of criminal records that are held by and recorded by police departments, besides that, this is not cross-examination which was gone into on the direct examination.

The Court: Well, there may be something in that. I think perhaps for reasons last indicated, the objection will have to be sustained.

By Mr. Wilentz: Q. All right. Now, did you find any other Dodge car belonging to a man in whose garage there was found 14,000 or more dollars of Lindbergh ransom money? A. No, sir.

Mr. Wilentz: No.

Q. Now, when you took this test ladder, you built another ladder, you say, and when the two sections were up, men of different weights would go up from time to time, wouldn’t they? A. Yes, sir.

Q. And it was not until a man came down with a package which, together, the package and the man, weighed 180 pounds, it was not—

Mr. Fisher: Now, that is objected to.

Q. —it was not until then that the ladder broke?

[3462] Mr. Fisher: It incorporates in the question a fact not in evidence.

Mr. Wilentz: We will see if it isn’t.

Mr. Fisher: Refer to the record.

Mr. Wilentz: I disagree with the gentleman about that.

Mr. Fisher: My recollection is—I want to be very fair—

The Court: What is the question?

(Question read by reporter as follows: “Q. And it was not until a man came down with a package which, together, the package and the man, weighed 180 pounds, it was not until then that the ladder broke?”)

The Court: He may answer the question.

A. At the weight of 180 pounds.

Q. What did the weight consist of, just the man, or a man and a package? A. Just the man.

Q. Coming down.

Mr. Fisher: That was my objection, if your Honor please, you see.

The Court: What is that, Mr. Fisher?

Mr. Fisher: That is what I was objecting to. Now the witness has said just what I understood his testimony to be.

[3463] The Court: Well, the water has passed through the mill.

Mr. Fisher: Over the dam.

The Court: We will proceed now. Proceed, Mr. Wilentz.

Mr. Wilentz: If your Honor please, I don’t know which of us ought to go up to the head of the class.

By Mr. Wilentz: Q. Colonel, let’s get to the very serious business about this child being murdered and this ladder. You made these experiments to try to find out, if possible, in the absence of having a man arrested, to try to find out about the weight of the person that went into that room: isn’t that it? A. Yes, sir.

Q. And that was the reason for the test? A. Yes, sir.

Q. Do you know—I withdraw that.

Q. And the 180 pound weight cracked the ladder broke it, didn’t it? A. Yes, sir.

Q. Where did the ladder break with reference to the old ladder? A. Exactly the same place.

Q. At the junction of the two sections? A. Yes, sir.

Q. The same place practically? A. Yes, sir. Q. Now, up to 180 that ladder, going up and down, didn’t break, did it? A. No, sir.

Q. Did you actually have a man going in and out of that bedroom, that nursery, with a package, from time to time? A. Yes, sir.

Q. Did you also try that? A. Yes, sir.

[3464] Q. Did your investigation reveal how much Mr. Fisch weighed?

Mr. Pope: We object to that as not cross-examination.

Mr. Wilentz: All right. If they object to it I will withdraw it.

Q. Was there any other man who was arrested or apprehended or found who owned a Dodge, in whose garage was found $14,600 and in whose bedroom was found the name and number of Dr. John F. Condon? A. No, sir.

Q. Was there any other man or any other—withdrawn.

Q. Was there any other person whose identity came to your notice who had in his garage $14,000 or more of Lindbergh ransom money, in whose rooms there was found in one of the closets the name and number of Dr. John F. Condon, who owned a Dodge and in whose attic was found a board that was sawed off? A. No, sir.

Q. Anybody else but Hauptmann? A. No, sir; no one else.

Q. Did you have any other man whose handwriting the experts reported to you was anybody’s but Hauptmann’s? A. No, sir.

Mr. Fisher: I would like to have that question read.

(Question repeated by the reporter.)

Mr. Fisher: I don’t know that that makes a question, your Honor.

Q. Well, did the experts, did the men who the [3465] State of New Jersey and the Federal Government, or the State of New York, or any other agency, the handwriting experts that you had gotten during all the years of the investigation, did they identify the handwriting in the ransom notes as anybody’s else’s except Bruno Richard Hauptmann, every single one of them? A. No, sir.

Q. You were asked about the ladder and whether or not it was a good job or not. As long as they are getting your opinion, let me get one from you. Of course you are not an expert lumber man and you are not a carpenter, are you? A. No, sir.

Q. You are a graduate of West Point, aren’t you? A. Yes, sir.

Q. And during the early years of your administration and particularly 1932, March 1st, 1932, Colonel, how many detectives were there altogether in the entire State Police? A. At that time we had two detectives in each troop and a headquarters detachment of four detectives.

Q. How much would that be altogether? A. That would be ten detectives.

Q. Ten detectives for your entire troop for the State of New Jersey? A. Yes, sir.

Q. And you had to do the patrolling in the rural sections and the police work there in your department? A. Yes, sir.

Q. So that you weren’t, in addition to being a graduate from West Point and superintendent of the State Police, spending your time learning particularly about lumber, were you? A. No, sir.

Q. And you are not an expert wood man. A. No, sir.

Q. And you are not a carpenter. A. No, sir.

Q. But you have been asked your opinion about the ladder. Let me ask you is it your opinion that this looks like the work of a hundred dollar a month carpenter? Doesn’t this look like the work [3466] of a hundred dollar a month carpenter? A. Well, it looked like rough carpentry work.

Q. Yes. A jeweler wouldn’t build it, would he? A. No, sir.

Q. A lawyer wouldn’t build it, would he? A. No, sir.

Q. A doctor wouldn’t build that, would he? A. No, sir.

Q. He would have to know something about dowel pins, wouldn’t he? He would have to know something about these grooves or recesses as they call them? He would have to be able to cut them out, wouldn’t he? A. Yes, sir.

Q. He would have to be able to use a saw, wouldn’t he? A. Yes, sir.

Q. A plane. A. Yes, sir.

Q. A chisel, a hammer, wood, nails, everything that goes with a carpenter—isn’t that so? A. Yes, sir.

Q. Now, Colonel, you have been asked whether or not you have paid unusual attention to this case. The truth of the matter is, is it not, Colonel, that you have given the very years of your life since this kidnaping to try to solve it, isn’t that so? A. Yes, sir.

Q. You didn’t put the $14,600 in Hauptmann’s garage, did you? A. No, sir.

Q. And so far as you and your department are concerned, you have done the best you could, isn’t that so? A. Yes, sir.

Mr. Wilentz: That is all.

By Mr. Fisher: Q. Colonel, any man that graduated from West Point could build that ladder, couldn’t he, because you get a little manual training up there, you get [3467] a little engineering up there? A. I don’t recall any manual training at all, Mr. Fisher.

Q. Well, a little engineering. It wouldn’t take a very noted engineer to figure out, to build a little recess to slip a board in, would it, in that ladder? A. No, it wouldn’t.

Q. No. Any child out of high school, with a course in manual training would know that, wouldn’t they?

Mr. Wilentz: Any child.

Mr. Fisher: Well, when I say child, Mr. Attorney General, we will go up to 16 or 17 years of age, to make it easy.

A. With basic training.

Q. Yes. A. That could be made, yes, sir.

Mr. Fisher: That is all.

By Mr. Wilentz: Q. If a child knew the work of a carpenter, he could do it, couldn’t he? A. Yes, sir. (Laughter in the courtroom.)

Q. You have seen me around for a couple of months, haven’t you? A. Yes.

Q. And you know I couldn’t build one; you know that, don’t you? (Laughter in the court room.)

Mr. Reilly: Well, I think there are a lot of things you couldn’t build.

A. (No answer.)

Mr. Wilentz: That is all.

[3468] Mr. Reilly: We have exhausted our witnesses that he has here today and he moves I respectfully move for an adjournment until tomorrow morning.

The Court: Mr. Reilly is stating to the Court that he has exhausted all of the witnesses that he has here today and he moves for an adjournment until tomorrow morning at ten o’clock.

Mr. Wilentz: We have no objection at all to counsel having all the time that your Honor sees fit to award for the production of every witness that they have.

The Court: We will take a recess until tomorrow morning at ten o’clock. The people will remain in the courtroom until the jury has retired.

(At 4:03 p. m. the jury retired.)

The Court: The prisoner is remanded to the custody of the sheriff. He may retire.

(At 4:05 p. m. the prisoner retired in the custody of the sheriff.)

The Court: The Court will now take a recess until 10:00 o’clock tomorrow morning.

(At 4:06 p. m. the further trial of the case was adjourned until tomorrow morning, Tuesday, February 5th, 1935, at ten o’clock.)


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