The Waterbury Democrat., 1935-01-08

~A DSAgmbG NVunbIh IuWhEu 0uy ktG tate trooper guarding the prisoner, , several weeks ago to see the de- fendant Hauptmann? A. Yes. Q. Did you see him there? A.. Yes.
 Wilentz began redirect examina- ton. Previously Reilly had asked him wether he had eyer been in an in- stitution.
 A. was employed as kitchen boy in the State hospital at Pough- keepsie in 1874 and 1875. c. You saw Hauptmann's pic- ture fin the paper? A. Yes.
 c. When? 4. don't recall. Q. Can you recall when you were in the jail? A. No, not ex-
 The witness was excused at 11:2o Q. m.
 The Hockmuth dwelling was at the Juncture of Teatherbed Lane with the highway. The Lindbergh home is approximately two miles from the highway. up the lane. Court resumed at 11:40 with Capt. John J. Lamb of the state police summoned to the stand. Lamb testified he had had cus- tody of the ladder since the kid- naDing and then Arthur Koehler wood expert of the U. s. dept. of agriculture was called to the stand. Q. By the way. will you tell us the ladder? Did you make that? A. Yes.
 Q. This piece of wood, did you fasten 1t? A. Yes. ross-examinatlon was conduct cd by Frederick Pope, defense counsel.
 Q. Did you cut the section in two, the section to which the light wod is fastened? A. No. Q. When was 1t brought to you cut in two? A. Tn the fall of 1882.
 c. While the ladder was in your possession did you remove any nails or cleats? A. Yes.
 c. Did you take 1t apart? A. Yes.
 Q. Did you put it together? A.. I helped put 1t together. c. Are the same nails in the ladder now as were there when 1t was delivered to you? A. can't say, I turned the nails over to the police and they gave them back to me.
 c. Wbile you were experiment. ing with the ladder was any rungs off of it?
 A. One of the rungs was.
 Q. From whom did you get the ladder?
 A. From Capt Lamb. c. You returned 1t to him? A. Yes.
 Wiientz offered the ladder for evidence.
 we must object to the offer of the ladder in evidence" Pope said, flor the same reason as stated before, and for the additional rea- son that the witness took 1t apart and that in putting 1t back to- gether he used nails handed to him.
 Tt also appears that one of the | uprights on the ladder was sawed in two. The ladder is not in the same condition as 1t was when found on the Lindbepgh estate. "rhe gentleman says hc does not know if the nails were put in the same holes. It has been in vari- ous places. We have not had the opportunity of examining 1t. "Thcre Is absolutely no connec- ton between this ladder and the accusei. Until this ladder has been placed in the possession of the accused, this ladder is not evi- dential against the accused. | Tt may be admitted as identi- fIcation but until 1t Is shown that MT Hauptmann Is directly connect cd with the ladder 1t cannot be evidential."
 we will connect the. ladder with Hauptmann," Wilcntz said in re- ply. And we have proved that this ladder has been in the custody of police. We have traced this ladder, and we will run it right into Hnuptmann."
 Justice TrenchArd, after iisten- ing to the argument, deferred mak- ing n ruling on tho admissibiitiy of the ladder at the present time. | Lieut. John J. Sweeney of the Newark police was the next witt ness.
 Sweeney testified he experi- mented with the three sections of the ladder against the Lindbergh
 eve found that this was not the way the home had been entered" he said.
 Q. Did you try the experiment with 2 sections2 A. Yes.
 c, Tell what you saw2 4. There were two scrape marks un- der the window sill, about 30 inches below.
 c. How far apart were they? A. About 12 inches.
 c. Now, did you take some sort of instrument which permit- ted you to rnagnify these marks IA. Yes.
 Q. When you did that what did It reyeai7 While you were making tests with another ladder, did you step into the Lindbergh house through the window2 A. Yes. | Q. Was it easy to dof 4. Yes. | c. How much do you weigh A. 18O pounds.
 Tho wltnebs failed for Che no- mept to answer tho question as to what his f,eEnifying glass re-
 The afafasa Auutieate iadder was