The Washington times., 1934-10-08
Judge Denies Defense
Plea to See Jury Record

Judge Denies Defense
Plea to See Jury Record
NEW YORK, Oct. 8 U.N.s0
An application by defense counsel
for Bruno Richard Hauptmann
Lindbergh KIDNAPPING suspect, to
inspect the minutes of the grand
jury which indicted him was de.
MED today by Bronx county Judge
Harry Stackell.
James M. Fawcett, attorney for
Hauptmann, conducted the argu.
ment for his motion to inspect the
minutes. The defendant was not
in court. District Attorney Samuel
j. Foley, Of Bronx county, repre-
sented the State.
Mr.. Fawcell based his motion
on the fact the defendant had
not been given a preliminary
hearing in a maskistrate's court
and had therefore been unable
to introduce any evidence to over.
come the adverse testimony which
the Bronx county authority had
against him"
Mr.. Fawcett pointed out the
only information the defendant
had concerning the charges
against him was contained in a
short affidavit filed against him
in West Farms Court and from
allegations in the extortion indict.
ment returned September 26.
mo Direct Evidence"
During his argument. Mr.. Faw'
cett declared there had been no
direct evidence" that witnesses
had identified Hauptmann in
connection with the extortion
charge. ell said:
81 base my application upon
the fact that the defendant had
no opportunity to examine the
witness and learn more than
appears from that affidavit and
indictment.
"There appears no direct evi.
dence by Identification by wit
nesses to connect this defendant
with the kidnapping of Charles A.
Lindbergh, jr., for the extOrtiOn
of the $4,000 from Col. Charles
A. Lindbergh."
District Attorney Foley, in an
swering the argument of defense
counsel, declared there was an
identifying witness" and added
that he believed the State had
IAN iron-clad'' case against
Hauptmann.
John Perrone. taxi driver, iden,
titled Hauptmann as the man
who gave him a note to DR.. John
F.. Condor. who negotiated with
the alleged kidnaper for the re-
turn of the baby in the famous
"Jafsie" angle Of the case.
Foley Hits Plea
District Attorney Foley said:
81 say there was an identi-
ficatiOn in this case.
TT is not based upon cir.
cumstantial evidence. There
has been an unequivOcal iden-
tificatiOn by one witness. The
defendant was found with
Lindbergh ransom money and
lied about it when arrested.
81 believe we have an iron
clad case. at least until it is
answered by the defendant"
Justice Steckell, in denying
the motion of defense counsel,
said:
"The failure to hold a hear.
ing in the magistrates court is
no basis for granting this
motion.
"Ordinarily, in a motion Of
this kind, counsel alleges what
he believes the witnesses tes-
titled to. This case has at.
tracted widespread publicity
and is more noted than any
other case.
"The press has even reported
what it was believed witnesses
testified to in the grand jury
room. Counsel, could have OBJ
tanned some idea Of the evil
dence from the press.
ut iS fair to assume, as Mr..
Foley said, there is a prima
facie case here. This motion is
denied upon the merit. / am
satisfied in my own mind that
q motion to dismiss the indict-
ment could not be granted.
"There is sufficient evidence
to- support the indictment.
There can be nothing set forth
in additional papers to make
for a different ruling"