Evening star., 1935-05-03
JAFS|E TESTIMONY
Barred BY COURT
Secret Grand Jury Records
Revealed to Show Sto.
rieS Conceded.
BY the Associated Press.

NEW YORK. May 3.-Suprene
Court Justice John Mcclellan today
made public portion Of DR.. John F.
(Jafsie) Condon's testimony before a
Bronx grand jury Of April, 1892, in
order to show that his testimony there
did not conflict with his identification
of Bruno Richard Hauptmann as the
receiver of the $50,000 Lindbergh ram
som money.
The court acted at the request of
District Attorney Samuel Foley be-
cause of the purported statement OF
Harry L. Whaley, former grand juror.
to the effect that Condor had testified
he would not be able to identify the
man to whom he paid the Lindbergh
ransom in a Bronx cemetery.
The record was made public auto
matically when the court read it
aloud:
@. Would you be able to identify
him? CReferring to the man to whom
DR.. Condor paid the ransom.)
"a. Yes.
20. Are you positive?"
"Yes"
Jurors Story Criticized.
The present grand Jury was in the
court room and gave the court state
ment regretting that any grand juror
should be so unmindful of his duty
as to publicly make known a grand
jury's secrets"
Condor was questioned by Assistant
District Attorney Edward F. BreSlin
as to whether he could identify the
man whom he first met on March II,
1932-the mysterious John"
Yes, I can" Condor replied. &C.
cording to the transcript. allowing
for darkness and the fact that he kept
his coat up to hide his face and took
the coat down only once, which gave
me my only glimpse of his face. I
can describe him."
The man, Condor said, appeared to
be a Scandinavian type, with high
cheek bones and pointed chin. He
seemed about 80 years old, s feet 9
inches tall and in the "middleweight
class"-about 158 to 165 pounds.
The mans nose went straight
down." Condor told Breslin, and his
eyes were bluish-gray.
Ira Sobel, foreman of the present
grand jury, read the following state
nent:
1T has come to the attention of this
grand jury that one of the members
of the May, 1882, grand jury has re-
Gently stated that the testimony o
John F. Condor before the May. 1882
grand jury in respect to his ability t
iIpntjfu tho uhnn1 hp
S50.000 was at variance with the teSti,
nony which he gave upon the trial o.
Bruno Richard Hauptmann at Flem'
1ngton, N. j.
I'VE regret and deplore the fac
that a member of the grand jury ha'
been so unmindful of his oath as 6
grand juror and of the provisions O.
the law made in respect to secrecy o
the grand jury's proceedings as Il
publicly disclose what he believed
transpired before the grand jury O
which he was member.
Minutes Turned Over to U. S.
I'VE have learned that the minutes
of the May, 1882, grand jury relatini
to this extortion charge we're, on o.
about August 81, 1884, delivered b.
Mr.. Samuel j. Foley, district attorne.
of the County of Bronx, to the Depart
ment of Justice upon an order made
by this court directing the district
attorney to furnish the Department o.
Justice with the grand jury minute:
of the investigation into the eXtortior
charge.
I'VE understand that these grane
jury minutes remained in custody o1
the Department of Justice for con-
siderable time thereafter.
In view of the fact that the trial
of Bruno Richard Hauptmann received
unusual publicity and IN view of the
great public interest which this case
has had, we, the members of the April
1885, grand jury of the County OF
Bronx, feel that in view of the state
ment appearing in the press purport-
ing to have been made by this grand
juror, that equal publicity be given
to what the witness, John F. Condon
in fact testified to before the May
1882, grand jury in respect to his
ability to identify the person to whom
he paid the sum of s50,000.
Asks Testimony Be Barred.
Eve therefore respectfully request
your honor to permit the district at
torney to disclose and publicly make
known the testimony of this witness
before the May, 1882. grand jury N
respect to the Identification. believing
that this Is In the interest of justice.
The statement was signed by Sobel
Justice Mcclellan concurred with
the jury and praised the grand jury
system. He declared that disclosing
the proceedings constituted nisde-
meanor.
Tn justice, this should be known,
Justice Mcclellan said
District Attorney Foley told the
court, without mentioning Whaley by
name, that his purported story could
not possibly have been told under any
mistaken impression because he (the
grand juror was in my Office and We
talked over the matter and went over
the minutes of the hearing minutely.'
REQUEST is DENIED.