The New York herald., 1922-10-13


on Saturday will be carried out and
the money raised will be used to pay
! the cost of the legal services Hayes has
had from Hagerty and Brown. These
two explained to-day that they hadfbeen
considering applying for writ Of
habeas corpus. but that their course
had been the wise one, as had the ap-
plication been made ana denied, it would
not have been possible TO bring about
the release OF Hayes.
| Schneider's explanation OF his lying
is contained in the record of the hear
ing held In Somerville this morning.
He lied for spite, because he believed
Hayes and Pearl Bahmer had lied about
him. He had in mind especially the
allegation he says they made that he
was on the Phillips farm on the night
OF the murder.
| Beekman did most OF the questioning
of Schneider. but 1t was Detective Tot
ten who opened the examination by ask
ing Schneider IL Il was not true he had
said yesterday that he had lied in his
previous statements and now wanted to
tell the whole truth.
Questions Put to Schneider.
Schneider admitted he had lied and
! then Beekman continued the examina-
ton. which proceeded in part as follows.
with the questions and answers:
| Q.-Why did you lie in the previous
statements that you made?
A.-Because when first gave q state
mont l told that was on the Phillips
farm and later made a statement that
was not near the Phillips property.
Mr.. Hayes and Miss Bahmer said that
was on the Phillips property with
| Hayes.
Q.-When was it that these people
contradicted you?
A.-About two weeks ago last Sunday.
| Q.-Was that the first time that you
appeared at the prosecutors in New
| Brunswick?
Al think that it was the second
| time.
| that YOU had not been on the Phillips
property and later stated that YOU had
been with Hayes?
! Axes, sir.
Q.-That contradiction of Hayes o.
your story is what induced you TO make
false statement against him?
A. Yes, sir.
Q. They both contradicted you and
lied against you. so you He'd, too?
A. Yes, sir
.. Who told you to?
Q. You had an idea in your mind tha /,
you would have to lie against them be-
cause they lied against you. and you ac-
cused Clifford of being present with you
on Friday morning. September Is. by a
| crab apple tree where Mrs Mills's and
Mr.. Halls bodies We're later found. and
that while you and Hayes were there at
that place he shot three or more shots
| in the direction OF the bodies OF Mr..
Hall and Mrs. Mills?
A. Yes. sir
q. Is that the only reason that you
had 10 tell a falsehood?
| A. Yes, sir
q. You did not make that statement II
the time to protect yourself against n
charge OF murder, did you?
A. No. sir
a. You did not make the statement
| that you made, Accusing Hayes with the
idea OF escaping the consequences of
something you had done yourself, did
, you?
| A. No, sir.
Old Statement Brought Up.
Beekman then read part OF Schneider. .
statement OF October s. This was to
the effect that he and Hayes went out
Easton avenue looking for Pearl Bahmer
and her father. and that they saw a
couple on the Vast bench in Buccleuch
Park. Hayes. he had said, had spoken
| OF the gun he carried and declared he
would not use 1t unless he caught the
| two they We're looking for in a COM
promising situation.
He then in that statement said they
went to the half hidden road leading
into the Phillips property and by that
route TO the apple tree. The exact word
ing Of the statement was as follows:
! Hayes was in the lead. about three
or four feet. We went all the way to
the crab appi tree, and then Hayes
said, Here they are was about three
or four feet behind Hayes and could not
plainly see what he was doing. but Il
seemed by the movement OF his arms he
was pointing straight out and then I
heard some shots, two or more. They
we're fred fast. knew Ii was him was
doing the shooting. l heard no screams
or any noise at all. ] went toward
De Russy lane and started walking down
the lane toward Easton avenue and he
] came on shortly afte-
In this statement Schneider told OF
their going through the park home
When Beeltman had finished reading he
asked "fs that true or not?" Schneider
said "It Is not true"
1T is not true In so far as IL takes you
TO the Phillips property and in 30 far as
Il relates 10 any shooting7" Schneider
was asked.
ut is no." was the reply.
schneider's second Statement.
Beekman read Schneider's second
statement which read in part:
And 1 understand that this statement
can be used against me. but I am tell
| ing the truth. Just as soon as the shots
were fred at the crab apple tree and the
woman and man were killed. then /
knew that a mistake had been made. be-
cause they did not seem to be Mr.
Bahmet and Pearl. because IL did not
look like them from a distance.
what made me say that was because
Pearl did not have a hat, when she
first started out going up George street
when I first saw her and her father.
saw hat. I did not see what color
il was Then II was In back OF her
about n foot, In back Of her head.
lying on the ground.
when ] looked the man was not
dressed as ] saw Mr.. Bahmer dressed
when he was coming up. Then knew
that mistake had been made and
that some ono else had been killed in.,
stead OF Mr. Bahmer and Pearl.
II was then about four feet from the