Evening star., 1932-06-27
JOHN CURTIS FAILS
TO GUST ATTORNEY
Alleged Lindbergh Hoaxer
GoeS on Trial for I'M
peding Justice.
BY the Associated Press.

BY the Associated Press.
FLEMINGTON, N. j., June 27.-The
prosecution won the first engagement
in the trial of John H. Curtis, alleged
Lindbergh case hoaxer, which opened
today. A motion by the defense for
removal of one of the prosecutions at
torneys was denied by Judge Adam o.
Robbins.
AS court was convened by Judge Rob
bins, Curtis sat at the defense table
staring straight ahead, and Col. Charles
A. Lindbergh sat at the prosecutors
table, his arms crossed and an expires
sion of close attention on his face. The
two men did not look at each other.
The first action after court convened
was the filing of a motion by Lloyd
Fisher, local defense attorney, for the
removal from the prosecutors staff OF
Harry Stout, elderly Pennington lawyer
appointed as special assistant to Prose-
cutor Anthony M. Hauck.
Retired to Chambers.
Judge Robbins said he would not
consider the motion in open court and
the opposing legal staffs retired with
him to his chambers.
The motion was based on the asser-
tion that Stout had earlier been con-
sidered as one of the defense attorneys
and therefore had special knowledge OF
the defense strategy.
Among other prospective witnesses in
y in
Lindbergh, were BETTY Cow, the muir
dered baby's nurse, and Mr.. and Mrs
Ollie Wheatley the Lindberghs butler
and housekeeper.
Wearing a striped gray suit and nc
hat, the famous aviator arrived at tht
Colonial County Court House half ar
hour before the trial was scheduled tx
begin.
Colonel First Witness.
He went first to the county jail, ad.
Joining the court house, and then Il
the prosecutors Office He is TO b'
the first witness against the Nortoll
shipbuilder who confessed to perpetrat'
ing a gigantic hoax on the Lind
berghs and the police and who late
repudiated that confession.
Before the court was called to ordel
Stout announced that the prosecutor
would take Curtis at his word tha
the confession was false and that HI
really was in contact with the kid
napers.
on this basis the State will ther
attempt to prove that Curtis hinderet
Justice by his confession, in which h
stated that he knew nothing of tn,
kidnapers.
| Stout said the confession would b,
,irrk, iao
but would not be played as the State
! trump.
Court Room Filled.
Py the time Col. Lindbergh arrived
every seat open to the public in th
court room had been occupied. In tn
center of the room was a block o
seats roped off for the So veniremer
of the special panel from which TN
jury will be selected.
Hauck and Stout, for the prosecution
and Fisher of Pennington and w.
Pender of Norfolk. Va, for Curtis, al
arrived early and then withdrew tenn
porarily from the court room for sepa
| ate conferences.
Constance Curtis, 1l-year-old daugh
ter of the defendant, was in court will
Mr.. and Mrs. Bruce Carney of Ports
mouth, Va.
George and Sandusky Curtis. broth
ers of the defendant, sat at the defenst
counsel table. The defense announced
that Glenn Anderson, a Newark attor'
ney, would aid in the defense,
Move For Dismissal.
After secret argument on the Stou
motion was completed the judge anC
attorneys returned to the court room
and the prospective jurors were taker
from the room. The defense then be-
gan public argument on motions fol-
dismissal of the indictment and fol
bill OF particulars on the charges
against Curtis.
The motion for quashing the in
dictment was presented by Pendsr. whC
argued the indictment deprived the de-
fendant of his Constitutional rights wal
vague as to detail and placed Curti,
in double jeopardy.