Evening star. [volume] (Washington, D.C.) 1854-1972, 1934-09-27
VIEWS
K|DNAP ACCUSED
Flyer, in Disguise, Scans
Hauptmann's Face for
Ten Minutes.
Continued From First Page.)

l
district attorneys staff. County De-
| tective Joseph Hanley and Deputy
Sheriffs James Dooley and Daniel
Maher.
Colonel Is Calm.
The prisoner was not shackled dur
| ing the lineup and Brodie said
later that Lindbergh did not speak
to the prisoner and showed no visible
| emotion.
The visit of Col. Lindbergh in the
"line-up' at the district attorneys
office lasted 10 minutes, from $50 to
10 am. 1t resulted from wish ex-
pressed by the flyer to see the prisoner.
During the lineup" Lindbergh did
not utter a word, Charles Brodie. chief
/ clerk in the district attorneys office,
announced after Foley had made the
meeting public. Foley also said that
Lindbergh did not comment alter
ward. either to Foley or any member
, of the prosecutors staff.
Leaves Scene at Once.
When the lineup" was concluded,
Col. Lindbergh left Immediately, also
unnoticed.
The lineup caused a delay in ar
raignment of the prisoner before
County Judge Lester w. Patterson.
Hauptmann appeared in daze when
he was led before the bench. wearing
a wrinkled light gray suit, q white
shirt with the collar open and no tie.
He had stubby growth of beard and
said nothing during the brief pro-
ceeding, which required five or six
minutes.
His plea of mot guilty" was voiced
by his counsel, James M. Fawcett,
after Judge Patterson had opened
! the case of the State of New York
against Bruno Richard Hauptmann
and his several aliases" The court
announced that the arraignment was
made on a bench warrant handed
down yesterday at the same time
that the Bronx County grand jury
filed its indictment.
Foley Opposes Bail.
Foley asked that the prisoner be
held without bail and Fawcett voiced
the not guilty" plea and asked to
be heard. Defense counsel referred
to a section of the penal law of the
State, quoting from it that bail Is
permissible in crimes of extortion,
and asked that bail be set at $4,000
in the name of Justice Fawcett
told the court that SIS 1000 was all that
Hauptmann had been able to raise.
During his plea, Fawcett said that
no case brought against Hauptmann
in Germany had been proven to be
felony.
I'VE are making no issue Of de-
PENDANTS alleged previous criminal
record" Foley interjected.
Foley told the court his reasons
for asking that Hauptmann be held
without bail we're:
Il. To assure his temperance in
court.
%. Because of his responsibility
to the State of New Jersey, which is
now carrying on an investigation into
Hauptmann's affairs"
Foley told the court he was sure
that $1,000 bail would be inadequate,
and then suggested that bail be fixed
at 100000.
Bail Set at 100000.
Judge Patterson then fixed the
amount at 100000.
Fawcett, then made application for
the bail to be reduced to IS 900. Court
adjourned and the prisoner was led
away.
After the arraignment had been
concluded Judge Patterson said that
the next hearing date you'd be deter
mined by the district attorney, who
has promised that the case will be put
on as speedily as the interests Of jus
tice allow"
Unless the defense attorney pre-
sents some valid reason for delay"
Judge Patterson said, the trial will
go on at the time designated by the
district attorney without further ref
erence to the court.
Il imagine the case will come before
Judge James M. Barrett, senior county
judge.
Dismissal of the case in the District
(Magistrates) Court will be mere
formality next Monday and Haupt-
mann may or may not appear. The
function of the District Court is to
hold for the grand jury or dismiss"
Affidavit Is Strapped.
Judge Patterson added that the ar
raignment this morning automatically
scrapped the short affidavit on which
Hauptmann had been held.
FaWcett. after the court session, an
nounced that he would 60 into Bronx
County Court next week with two
motions. One motion will be to dis
miss the indictment on the ground
the facts are insufficient to sustain
the charges, and the second will be
for an inspection of the grand jury
minutes.
Fawcett said Hauptmann had no
chance of raising the 100000 bail.
The defense counsel refused to state
whether he would seek a habeaS cor
pus writ or take any other legal steps
to obtain Hauptmann's release.
F'awcett disclosed today that he had
received two anonymous letters threat
ening him with bodily harm if he did
not withdraw from the case. He
said one was from Asbury Park, N.
j., and the other from Rochester, N.
Y. Fawcett said he considered them
of no importance and was not even
having them investigated.
Thinks Case Complete.
Meantime Deputy Chief Inspector
Henry Brakeman, in charge of Bronx
detectives, indicated that the police
believe Hauptmann was alone in his
ransom negotiations. He went to
police headquarters for his regular
bi-weekly conference with Assistant
Chief Inspector John ]. Sullivan, and
when asked what his subordinateS
were concentrating on, and whether
they were looking for an accomplice,
replied:
LAS far as we are concerned, our
case is complete. All We are doing
now is cooperating with New Jersey