Evening star., 1935-01-23

Say They Saw Accused Man
in Jersey Before
Crime.
BY the Associated Press.


Bronx cemetery where the $4,000
ransom changed hands.
Not a bit perturbed by the objec-
tionS of Attorney General David T.
Wilentz, Reilly then moved to use
reports on the cast and the word of
the states own witness to show it
was not Hauptmann's footprint.
He let it be known also that he
wants phonograph record-the rec
ord that Federal agent Thomas H.
Sisk said had been made of DR.. John
F. "JafSie" Condon's imitation of the
ransom takers voice.
Condor has testified that John"
the ransom taker of ST. Raymonds
cemetery, was Hauptmann.
Ladder Wood Traced.
Prosecutors. before adjournment.
began the tedious task of tracing the
wood that allegedly went into the
ladders making from the lumber mill
to the Hauptmann attic.
They finally got the ladder into the
evidence over defense objections, along
with chisel the state contends came
from the accused mans own tool
chest.
The prosecution says the broken
Sectioned ladder was the instrument
that killed Col. Charles A. Lindbergh'S
| f1rst-born son; that Hauptmann. car
rying the baby, fell from it when it
Splintered as he descended from the
Hopewell nursery; that the baby was
killed in the fall
The first of the Underwood wit
nesses was Max Rauch, Hauptmann's
landlord at the time of the kidnapping
on March 1. 1882
Rauch told how he missed a long
board from the attic of the Bronx
house at the time the carpenter was
taken into custody; a board that the
State contends was used in the con-
struction of the ladder.
Other witnesses then traced a
shipment of South Carolina pine from
the Southern Planning Mill to New
York, where Hauptmann allegedly
bought part of it late in December,
1881.
Identified by Two.
Through expert testimony, proSecu-
tors expect to show that the wood is
part of the kidnap ladder
Two witnesses during the day put
Hauptmann near the kidnap scene.
Millard Whited, Sourlands small
farmer and woodsman, said he saw
Hauptmann near the Lindbergh estate
twice before the kidnapping, the first
time on or about February 18, and the
second time between February 25
and 81.
Charles B. Rossiter of Gloucester,
N. j., testified he saw Hauptmann
near Princeton Airport three days be-
fore the kidnapping.
SiSk Is the witAess whom Haupt-
mann accused of lying last week as he
testified to the search of the carpen-
ter'S garage, where S14,600 in ransom
money was found last September.
Reilly cross-examined him then and
had reserved the right Of further
questioning. Yesterday Wilentz sug-
geSted that Reilly get done with this
phase of the trial before the State
rests"
Reilly agreed and Sisk came to the
stand, slip of a man, looking more
like an undergraduate than one of the
arresting officers in the century's
greatest crime.
The florid Reilly approached his
examination so quietly that no one
had an inkling of what was coming.
Bulking large above the witness, the
attorney asked him about his investi-
cation. Then:
Now, in addition to your investiga-
ton into the banks" he said, you
questioned DR.. Condor, didn't you,
several times?"
Il talked to DR.. Condor on numer-
GUS occasions"
Did you ever locate the box which
was used to convey the ransom
money!"
"No, sir, we did not"
Record Made.
Reilly cleared his throat, and
glanced at Sheaf of papers he held
in his hand.
Now, isn't it a fact" he asked,
that after talking to DR.. Condor you
had DR.. Condor initiate the voice of
| oO1AA dG I11e CeulSIeTy anu IildC
imitation was recorded on victrola
recordS?"
why, We"
did you or not?" Reilly persisted.
| Eyes, sir; we did"
where are those victrola records?"
well, there was only one record,
and believe that is in Washington" "
Sisk replied.
He said he believed he could get
the record in couple of days"
Reilly went forward in the exami-
nation. Then he sprang his biggest
surprise.
isn't it fact" he demanded, "that
you know that a plaster cast of the
man who received the money in the
cemetery was taken and was taken
! by DR.. Condon's son-in-law?" (Ralph
Hacker).
Wilentz objected at once.
WELL" returned Reilly, che has
looked through his records and in the
interests of justice a question was
asked If cast was taken of a man
/ and if it is not Hauptmann's, despite
all the rules of evidence, think we
are entitled to know it."
| Supreme Court Justice Thomas w.
Trenchard said it was correct for
Reilly to ask Sisk if he knows it and
how he knows it."
II learned that footprint, a plaster
cast of footprint, was taken, but
there is no positive connection be-
tween that footprint and the man who
received the ransom money" Sisk said.
The cast, he explained, was taken
from a fresh grave near a retaining
wall in st. Raymond's Cemetery.
about is or 20 feet" from the point
where Condor passed the ransom
l r,nOraau 70 thu COLLECTION