The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1934-10-17
IMMEDIATE APPEAL
F|LEDBY ATTORNEY
FOR GERMAN ALIEN
Justice Announces Relator Fail
ed to Make Out a Case
At Hearing
REMAINS m BRONX JAIL
WiIentz Declares kidnapping
Notes Constitute Comics.
sion He Took Baby
REMAINS IN BRONX JAIL

New York. Oct. l7.-F-Bruno
Richard Hauptmann is = step closer
Wednesday to trial for the murder Of
the infant son Of Col. Charles A.
Lindbergh.
His plea against extradition re-
jected, Hauptmanns only hope Of
preventing his removal to New Jersey
now lies in an appeal to the appellate
division Of the supreme court. The
appeal viii be heard Friday afternoon
at 2 o'clock.
Presiding Justice Edward r. Finch
Of the appellate division fixed the
date Of the hearing.
Fight to Finish
James M. Fawcett, attorney for
Hauptmann, declared that II neces-
sary he you'd carry his fight to the
U. s. 81, feme court.
1T Is very likely" he said, that II
We are unsuccessful in preventing ex-
tradition by this effort, We viii carry
our case further into the court Of ap-
peals at Albany.
IT unsuccessful there, It Is likely
that, II necessary, We Will 60 to the
U. 8. supreme court"
The unsmiling carpenters fight
against extradition was dealt crush
ing blow when Supreme Court jus
tice Ernest +. L. Hammer dismissed
the writ OF habeas cogpus sought by
Fawcett IN m attempt to prevent
Hauptmann,s removal to New jersey.
Announcing his decision Tuesday
night, Justice Hammer said:
MY conclusion Is that the relator
(f1auptmann) has failed to make out
. case. and that he has not establish
ed beyond q reasonable doubt that he
was not in the state Of New Jersey
the night the crime allegedly was
committed"
After the decision was announced,
Fawcett obtained 4 stay Of execution
until I p. M, Friday In order to bring
his appeal before the appellate divi-
sion. It Is considered likely that &C
ton on the appeal viii be taken by
that time.
Remains in Bronx Jail
Hauptmann remains In the Bronx
county jail where he has been held
since his arrest nearly . month ago.
II the final barrier to his extradition
is removed, he will be taken immedi-
ately to Pennington. N. J., where his
trial will take place.
The decision blasting Hauptmann's
hope Of evading trial on the murder
charge came at q night session fol-
lowing Hauptmann's appearance on
the stand in the late afternoon in
which he denied, calmly and deliber-
ately, that he had written the ran
som notes received by Col. Lindbergh
after the baby was kidnapped.
Earlier in the day Albert s. Osborn,
expert, had testified the
ransom notes were In the handwriting
OF Hauptmann, and Attorney General
David T. Wilentz Of New Jersey had
asserted the notes constitute Haupt-
mann,S confession that he was In
New Jersey and that he took the
baby"
The stolid German stowaway was
called to the stand by his counsel and
given the ransom notes. Fawcett,
telling him to examine the notes
carefully, asked Hauptmann whether
they were in his handwriting.
Slowly Hauptmann read each note.
Not 1 word was said. For nine min
utes he scrutinized the collection.
Then he said:
1T IS not my handwriting. It Is
the first time ! ever saw them"
Hauptmann denied also that he was
in New Jersey during the first four
months Of 1882.