Evening star., 1935-02-19

Continued From First Page)
death sentence until some time in Sep
tember or October, as further ap-
peal to the Court of PardonS can be
made if the Court of Errors and APP
peals upholds his conviction.
Reilly on Way to Trenton.
Although Reilly. after engaging in
q controversy with Fisher last night
over immediate appellate action or
delay, failed to participate in legal
moves, he was reported to be on his
way to Trenton.
Fisher and Pope stipulated with the
State, represented by Theodore Backes
assistant attorney general, that should
any part or all of Hauptmann'
brokerage account be released from a
Federal income tax lien the proceeds
would be applied to the cost of print
ing the 1000, 0,000-word trial record
and the briefs. The brokerage ac-
count was estimated to have present
equity Of about SlO,0OO
In a brief session before Chancellor
Campbell. Pope made his application
1OI d VIII VI VI dSC W AoI4y tAAS nP-
peal into the State Sapreme Court.
The chancellor, following recent Gus
tom, denied the application and the
appeal will be thrown automatically
into the Court of Errors and Appeals.
May Ask Delay.
The chancellor informed Pope that
the Court Of Errors would meet in
conference March 20 and then he
could apply for a postponement Of
argument to a later term. The next
term of the court would open october
IS. Pope said it was impossible yet
to determine whether a delay would
be necessary.
Pope, emerging from the conference,
said briefly, 'the justice granted us an
interview and the State will furnish
us with the record"
The application was opposed by
BackeS, acting in the absence of At
torney General David T. Wilentz.
Backes declined to discuss the reasons
for the States opposition, but it was
known that the brokerage accounts of
Hauptmann and his wife Anna were
estimated by prosecution authorities
to have present equity of more than
$4,000. The Federal Government has
tied up the accounts with an income
tax lien.
Backes' only comment was:
I'VE opposed the application but
later reached an agreement"
The cost of printing the record of
the trial, which contained 100000
words, has been estimated to be be-
tween $8,5oO and $1,000.
Break of Counsel Seen.
Meanwhile, Hauptmanns urgent
plea for prompt action on an appeal
from his death sentence stirred up a
controversy among his attorneys and
presaged an open break with Reilly.
Over the objection of Reilly, Haupt-
mann from the death house in State
Prison requested Fisher to start ap-
peal procedure today. Fisher was
signed on by Hauptmann, then, as
"my chief New Jersey counsel"
Reilly, after telephoning Egbert
RoSecrans, another New Jersey de-
fense counsel, said all appellate
action would be delayed indefinitely.
Reilly's announcement inspired
Fisher to declare:
Hes gone one step too far. I
can't conceive why any one should
wish to adjourn this case when the
man Is scheduled to die within four
weeks"
Reilly, in New York, retorted:
He Hauptmann) can't have Fisher
and Reilly. I am sick and tired of
this double-crossing at Flemington.
Before I 60 any further in this
case I intend to see Hauptmann or
Mrs. Hauptmann and find out whom
he wants to represent him at Trenton.
Nothing Is going to happen to Haupt-
mann In q dav or tuon