, 1935-02-06

at one SIDE, when Kelly mace ms
examination OF the room.
Kelly said the ransom note lay on
the ledge not far from the stein.
Fisher pursued his questioning
until Wilentz protested that this
has been gone over time and time
again" Justice Trenchard curbed
him. and he said he would try 10
ask questions which had not been
answered.
He asked II Kelly learned from
DR.. Hudson that 1900 photographs
had been made OF the ladder. Kelly
said he did not know.
Fisher demanded If Kelly had not
pointed out there was only n nail
hole III the side OF the ladder and
remarked to Hudson 1t was very sig
nificant in his mind.
That is absolutely not the fact
Kelly replied firmly.
Kelly was next asked if he knew
a Miss McGill. DR.. Hudson's Secre-
tary, and he replied affirmatively.
@. Did the police make a scale
model OF the ladder?
"A. Yes.
@. Did you ever learn that similar
ladders were built and used IN south
Jersey among negro fruit pickers?
"A. No.
Fisher Irritated
Kelly said he made no effort 10
learn the age OF the lumber or Wnen
il was cut. No reports on the point,
he added, had come to his attention.
Wilentz renewed his protests that
the testimony Fisher sought TO lead
Kelly through had been given.
Fisher sat down, showing obvious
irritation. His tone became biting as
he switched the questions again 10
Kelly's methods.
Wilentz taking the witness. sought
to demonstrate where the beer stein
stood on the nursery window ledge.
Kelly explained II was in a recess
at the SIDE.
Wilentz. Fisher. and Kelly argued
whether the stein protruded IRON the
recess. Fisher produced a newspaper
picture Of the window. IN which
Kelly said the mug appeared 10 pro-
trude.
wilentz objected to it as an exhibit,
because II was all marked up.
Justice Trenchard suggested that
Kelly state that the picture gave a
true representation Of the scene OH
the kidnap night.
Kelly could not be sure and Sue-
geSted that he might do better
with the original photograph.
The states picture OF The window,
Fisher demonstrated. did not include
the side with the Stein.
Wilent2 adduced that tho picture
was not taken for the Hauptmann
trial but was a true representation
OF the window on the night Of the
crime.
Kelly was excused.
Oscar John Brushmann. a young
Bronx taxi-drlver. was next called
BY Reilly.
@. Did you know ISador F1Sch?
A. Yes, / worked with him.
@. Where?
A. AT the Knickerbocker Pie Bak-
Inc company.
Buchanan said he drove Fisch
about. making sales OF products.
q. After you stopped working for
him did you see him again?
"A. I did.
@. When?
A. Sometime IN May. 1888.
The witness said he was hacking"
AZ the time when Fisch came up TO
his stand one night about sever o.
clock and spoke TO him.
Wilentz objected to testimony Of
conversations between the taxi driv-
er and F1sch.
il want to show that Flsch dis
played gold backs Reilly argued.
I'm forced 10 disclose what I wish
TO prove with this witness.
III want to show that FiSch dellv-
cred the shoe box to Hauptmann."
WilentZ objected TO Reilly's re-
marks as not supported b. "a par
ticle of proof In this case.
d. Did F1sch display anything to
you2
A. Yes.
@. What was III?
Wilentz objected again and he and
Reilly walked to the bench TO con-
fer On the proposed testimony with
the justice.
AT the side-bar conference, Jus
tice Trenchard ruled that the de-
Tense must show that the gold
backs the taxi driver allegedlv saw
in Fisch's possession were ransom
money or the line Of questioning
could not be pursued.
Report Is Heard