NEW JERSEY v BRUNO RICHARD HAUPTMANN: TESTIMONY OF WILLIAM F. HORN, 23rd PROSECUTION WITNESS


STATE vs. HAUPTMANN

January 10, 1935



 [853] WILLIAM F. HORN sworn as a witness on behalf of the State:

Direct Examination by Mr. Large:

The Court: William F. Horn?

The Witness: Yes, sir.

Q. Where do you reside, Corporal? A. I reside in Hackensack, New Jersey.

Q. Have you any official position? A. Corporal detective, New Jersey State Police.

Q. New Jersey State Police?

(Mr. Large gives the Reporter a paper to mark.)

The Reporter: S‑72 for identification.

(The paper referred to was marked State's Exhibit S‑72 for identification.)

Q. I show you a paper writing marked Exhibit S‑72 for identification and ask you whether or not you saw that written? A. Yes, sir, I did.         

 [854] Q. Where was it written? A. It was written in the Second Precinct, New York City Police Station, at 156 Centre Street, New York City.

Q. Who was it written by? A. By Bruno Richard Hauptmann.

Mr. Large: I offer it in evidence.

Mr. Fisher—It is objected to, your Honor; at the present time we should know some of the conditions under which it is written.

Q. Under what circumstances was this written? A. Hauptmann was requested to take the dictation from several forms that we had.

Q. Yes. A. And he wrote those.

Q. Was it done voluntarily? A. Done voluntarily, yes, sir.

Mr. Large: I submit it is admissible.

Mr. Fisher: It is still objected to, your Honor, because, for the various following reasons: First, that no time is shown as to the hour of the day or the day of the month; second—

Mr. Large: Well, I will show that.

Mr. Fisher: Second, nothing is shown as to the condition under which the writing was done. The witness has simply said it was voluntary. We have no way at the moment, without the privilege of cross-examination, of knowing that to be true.

The Court: Well, do you wish to cross-examine the witness as to the voluntary character of this writing?

 [855] Mr. Fisher: Yes, indeed; before it is to be admitted.

Mr. Large: I will ask first, if your Honor, please:

Q. On what day was this written? A. I think the date appears on the paper itself.  

Mr. Reilly: Yes; 9/20.

The Court: September 20th.

Q. September 20, 1934; is that right? A. Yes, sir; between midnight the 19th and the morning of the 20th.

Mr. Large: Go ahead, Mr. Fisher.         

By Mr. Fisher: Q. When was Mr. Hauptmann apprehended, do you know, Corporal? A. The 19th of September.

Q. At what time of day? A. At about nine A.M. in the morning.

Q. And this writing you are talking about was done some time between midnight and the following morning, is that correct? A. Yes, sir.     

Q. That would be after the man was in custody from nine o'clock in the morning until nine at night and then on until sometime after midnight? A. That is correct.

Q. More than fifteen hours, is that correct? A. That is correct.

Q. Do you know what had been done with Mr. Hauptmann during the fifteen hours of custody? A. He had been questioned.

Q. Continuously? A. Continuously, yes.

[856] Q. So that for fifteen continuous hours, the man had been under a barrage of questions propounded by police or authorities of some description, is that correct? A. I wouldn't say continuously.

Q. Well, he was continuously in custody, was he not? A. He was.

Q. And you were taking statements among the various policemen, were you not? A. Yes, sir.

Q. Practically all day? A. Yes, sir.

Q. And into the night? A. Yes, sir.

Q. As a matter of fact, if you hadn't been questioning Hauptmann he would not be up at 12 o'clock, would he?

Mr. Large: Object to that as calling for a conclusion and argumentative.

Mr. Fisher: Withdrawn.

Q. The fact is that he had been continuously awake under the examination of police officers from the hour of his arrest at nine o'clock in the morning until sometime between midnight and daylight of the next day, is that correct? A. I didn't see him all the time.

Q. Well, you know that he was in custody, don't you? A. I know he was in custody, yes.

 Q. Where was he when he wrote this alleged specimen? A. He was in the Bureau of Criminal Identification.

Q. And who was present there with him? A. Lieutenant Finn—

Q. Who is Lieutenant Finn? A. A member of the New York City Police Department.

Q. Who else was there? A. Several other police officers.

Q. How many? A. Approximately ten or fifteen.

Q. Yes. Ten or fifteen police officers and Hauptmann. [857] I assume Hauptmann's counsel was there, his lawyer.

Mr. Wilentz: I object to that, because there is no basis for the assumption.

Mr. Fisher: I will withdraw it, your Honor.

Q. I ask was Hauptmann's attorney there? A. He wasn't.

Q. Hauptmann was there without the benefit of counsel, is that correct? A. That is correct.

Q. And having been in your custody or the custody of the police for at least fifteen hours or upward he was then asked to write, is that so? A. He was, yes, sir.

Q. What was the defendant's condition as to nervousness at that time? A. As far as I could see he was all right.    

Q. Do you think that the constant examination of police for fifteen hours in no way affected his nervous system?

Mr. Wilentz: Just a minute. I object to the question as to what his opinion is.

Q. From his appearance did it seem that he had in any way been affected by the examination? A. It didn't seem that way.           

Q. Had he had any food at any time? A. I don't know. I personally didn't see him have any, but I wasn't there—

Q. That is all right, Corporal. But you didn't see him have any food? A. I didn't.

Q. Who directed the prisoner to write? A. I did and Lieutenant Finn.

Q. I see. And what did you direct him to write? A. Directed him to write the writing on those sheets, on the sheet.

 [858] Q. Just as it appears on there? A. Yes, sir.

Q. And you directed him to do it just as it is there? A. What do you mean? I don't understand you.

Q. There is the paper. Does that contain exactly what you directed him to write? A. (Witness examines paper at length.) To my best recollection it does.

Q. Was the prisoner abused in any way during that day? A. No, sir.

Q. Did you see him struck at any time? A. No, sir.

Q. Were there any threats of any kind made to him during the fifteen hours of confinement? A. No, sir.

Q. Any promise of any kind held out to him? A. No, sir.

Q. Did he volunteer to write upon the first request, or did you use some persuasion? A. He volunteered. He was exceptionally willing to write it.

Q. I see. After is hours he was willing to write? A. Yes, sir.

Q. Now, what kind of a pen was this written with? A. It was written with three different pens.

Q. What type of pen is the first? Show me what type of pen is the first, show me how far it is written with one pen, down to what point. A. I could not determine that positively, looking at it now.

Q. I assume about there, for one point. (Indicating on paper.) A. It is possible.

Q. One, two, three, four, five, indicating a point about halfway on the fifth line of the writing, it would seem about there is the end of one writing, isn't it? A. It is possible; it is hard to say.

Q. What kind of a pen wrote the top? A. With two ordinary Spencerian pens and a fountain pen. Q. What sort of a tip? A. Not a stub pen; an ordinary office pen.

[859] Q. Fine point or broad point? A. It wasn't exceptionally fine, it wasn't broad, it was an ordinary soft pen.

Q. And the first two pens that he wrote with, they are office Spencerian pens? A. Yes, sir.

Q. And the last a fountain pen: is that right? A. Yes, sir.

Mr. Fisher: I submit, your Honor, that the offer should be rejected because of the fact that the man clearly was not writing under normal circumstances in such a way as would give his hand the normal appearance in his penmanship.

The Court: Is that the only objection, that you have to make?

Mr. Fisher: Further that it is not the voluntary writing of the defendant, but that there appears on that paper just such things as he was directed to put there by the officers, some fifteen of them, who had him in charge, and under no circumstance can it be considered the voluntary writing of the defendant in this cause.

The Court: Did you hear the witness say that he volunteered to write?

Mr. Fisher: Yes, your Honor, while in the presence of 15 police officers and in custody, sir.

Mr. Large: If your Honor please, the subject matter of the paper was dictated by the officer and it is offered for handwriting purposes rather for its content (handing paper to the Court). In other words, it does not purport to be a confession or anything of that nature.

[860] The Court: Well, that is what I was interested in.

Mr. Large: Oh, no; oh, no, it doesn't purport to be such. The words were supplied by the man asking for the sample. It is merely as a sample of handwriting.

The Court: There is nothing in here in the way of a confession of guilt?

Mr. Large: No, sir. It isn't intended as such. It is one of many samples of handwriting.

The Court: And offered for that purpose alone?

Mr. Large: Yes, sir.

The Court: Well, have counsel anything further to suggest or to offer why this paper should not be admitted as an exhibit?

Mr. Fisher: Nothing further, sir.

The Court: I will admit it.

Mr. Fisher: And we may have an exception?

[EXCEPTION ALLOWED]

The Reporter: S‑72 in evidence.

[861] (The paper referred to received in evidence as State Exhibit S‑72.)

Mr. Large: S‑72 in evidence. Will you mark that (producing another paper).

The Reporter: S‑73 for identification.    

(Paper referred to was marked S‑73 for identification.)

Mr. Large: This witness has witnessed—

The Reporter: Do you want these all for identification?

Mr. Large: Yes. There are five of them this witness witnessed.

The Reporter: S‑74 for identification.

(Paper referred to was marked S‑74 for identification.)

Mr. Large: Do you want to look at these?

Mr. Fisher: Yes. Excuse me. How many of them are there altogether?

Mr. Large: Five more.

The Reporter: S‑75 for identification.

(Paper referred to was marked S‑75 for identification.)

Mr. Fisher: Now, if I could ask the witness one question about the whole five of them, I [862] could deal with all of them at once. I will ask him if they were all written under the same conditions.

The Reporter: S‑76 for identification, S‑77 for identification.

(Papers referred to marked S‑76 for identification and S‑77 for identification.)

By Mr. Large: Q. Now, Corporal, I show you five papers marked for identification S‑73, S‑74 S‑75, S‑76, S‑77, and ask you to look at them and tell me whether or not they were all written in your presence (handing the witness the papers referred to)? A. Yes, sir, they were all written in my presence.

Q. And who wrote them? A. The defendant.

Q. Were these written under similar circumstances to the circumstances outlined under which S‑72 was written? A. They were written under the same circumstances.

Q. The same evening or the following day? A. The same evening, it was between midnight and two in the morning.

Mr. Large: I offer these in evidence.

Mr. Fisher: I would like to ask a question or two, your Honor.

By Mr. Fisher: Q. Do I understand that these were all written at [863] about the same time, it was a continuing operation? A. Yes, sir.

Q. And they were all written under exactly the same circumstances and as the result of the same directions as the other one that has been admitted? A. Yes, sir.

Mr. Fisher: We offer, your Honor, the same objection as to the other.

Mr. Large: Will it be admitted? I might state, if your Honor please, that these are introduced merely as handwriting specimens and are not, or do not purport to be confessions in any sense.

The Court: I think they are admissible, Mr. Fisher.

Mr. Fisher: And assuming your ruling is the same, I shall ask for an exception.

The Court: Yes. You have nothing further to urge in regard to the voluntary character of these papers.

Mr. Fisher: At the moment it is impossible to offer anything further. Of course, there will be a denial by the defendant at the proper time. At the moment there is no further objection than I have already urged, your Honor.

The Court: Very well, they will be admitted.

[EXCEPTION ALLOWED]

[864] The Reporter. In evidence, Exhibit S‑73, S‑74, S‑75, S‑76, and S‑77.

(Papers referred to were received in evidence and marked State Exhibits S‑73, S‑74, S‑75, S‑76 and S‑77.)

Mr. Large: Any further cross-examination of this witness? He will be recalled. That is all, Mr. Horn.

1 comment:

  1. The more we read of the trial the more evident it is that Reilly was not altogether competent to defend Hauptmann. However, it does not change my opinion that he was guilty. While I have read I think every book and blog about his possible innocence, Hauptmann comes off as guilty from two sources that I think are incontrovertible; one is the handwriting expert and his son who published their findings after Hauptmann died, evidence that was not even presented during the trial, and it is very clear Hauptmann wrote the ransom notes. In the book "Graveyard John" it also seems clear to me that there were 2 other accomplices (only 1/3 of the money was found), and Hauptmann went to his execution not saying a word about them, even to the further suffering of his wife and son.

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