, 1935-02-10


mentS.
This board ls a scant 1922 Of an
inch on the thick side and a Scant
2l-32 in the thin side. This board
1.-THE other is a Scant 1892 on the
thick SIDE and a scant 22-32 on the
thinside."
Pope produced his own calipherS
and asked for a measurement.
Koehler agreed that there was a
variation in thickness, when using
PoDe'S calipherS. which, the defense
attorney point out, locked.
Jury Examines Board
Pope set. the caliphers for the
board alleged to be thicker and
showed they were loose on the
other.
The Jury made an examination OF
the boards with the tool. Mrs. Rosie
Pill. Juror No. 2, suppressed q
chuckle, as the foreman, Charles
S. Walton, ST., moved the calipherS
along both boards. apparently not
ing very little variation In thick
ness.
Koehler identified a nail hole in
one OF the short boards a old"
over Wilentz objection. Wilentz i'm
Piled. in his argument. that the hole
might have been made last nlgnL
He said the boards had not been
left with other exhibits over night.
Pope asked the expert TO point
out plane marks on the rough SIDE
OF one OF the boards. as he had
testified. Koehler indicated the
smoothness OF the wood.
@. But do you see any plane
marks?
A. I don't thinksI can in this
light.
Koehler testified the saw marks
at the ends Of the boards did not
appear the same.
0. Is it your idea, then. that for
the purpose 81 deceiving US the
witness cut them apart and cut a
short piece of?
"A. That seems TO be what oc-
Cured.
"A. And BY the grain you say
these were once the same piece?
A. Not that alone.
@. I believe YOU said you eXam-
ined the ladder for nailholes IN
1888?
A. Yes. in March.
@. Then how do you account for
the staggering Of nails IN rail l62
A. The joist underneath II In the
attic was spliced. \.
Pope took two pieces OF pine and
gave IL to the witness and asked
Il the end grains matched.
A. They do rot.
o. All. but they match much
better than the end grains on the
ladder and attic board YOU try TO
match9
A. They do not. III
O. The ends Of the ladder rall
and the floor board do not match
az all. do they?
A. Yes they do.
pope indicated Koehler.s chart
showing connecting pencil hnes
between the grain marks OF the
ladder rail and the attic board.
Q. That is merely your opinion
what the missing block looked lkeP
A. I'm showing there how cor
RESPONDING rings in the Two con-
nected up.
Koehler said he would not say
what the short missing piece was
like but 1t vas his opinion that
lines he drew showed how the "
pieces connected.
Pope tried 70 show that "outt
lumber was known among LUMBER
men rs the section OF a mature
tree trunk near the larger branch
eS.
Koehler said he understood butt
lumber was always taken from the
base Of the trGnk.
Asks One Question
Wilentz asked a single question
on redirect.
.. After That examination BY Mr..
Pore il all those questions ana
answers was there anything That
would cause YOU TO change your
opinion that S226 the attic coard)
and rail Is were once part OF the
same piece Of wood?
Koehler looked straight at the
Nothing he answered empha-
tically.
nc was then excused ana q five
minute recess taken.
Leo Singer was the first witness
called after the recess.
Singer is the man Louis Kiss,
defense witness, said he delivered
2 quart OF run to on the kidnap
night. Kiss said he saw Hauptmann
in the Bronx on his way to deliver
the liquor.
O. DO you know Louis KiSs7
"A. Yes.
q. Did he come to your house in
March 1882?
A. Near the end Of March.
o. Was Kiss at your house on
March /. 1882?
A. Positively not.
Reilly took the witness.
O What is the date YOU said
Ass was IN your house?
a. Late in March or early In
April.
q. But there Is no doubt in your
nina he was at your house?
"A. He was there.
Reilly asked il the witness had a
2l-year-old daughter.
Singer nodded.
@. And wasn't she very much dis
pleased at seeing her name and ad-
dress in the paper in connection with
the story?
"A. She was and so was I.
q. And didn't she ask you TO come
down here and testify to try to coun-
teract Mr.. Kiss testimony and get
her name out OF the paper?
A. Positively not.
@. AS a matter Of fact. you came
down here at the request OF a cer-
tain columnist of a New York news