The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-02-06
G. o n -, TIN /! 4, U E d
Defense Baked in
Attempt to Show
Fisch Used Notes

Fisch and the box that he gave to
Hauptmann, Hauptmann has testi-
lied he left with him. and it contain
ed money which afterwards people
have demonstrated here contained
notes that had been registered as
part Of the Lindbergh money.
Nov it Is unfortunate that Mr..
Fisch died, but still 1t Is part Of our
case, We contend, to show that Fisch
was going around New York after
the ransom money had been paid by
DR.. John F. cJafsie'', Condor, ex-
l1ibiting gold bills to different people
and trying to exchange them with
different people. and that he left
part Of them with Mr.. Hauptmann."
Must Show Money Was Ransom
Justice Thomas w. Trenchard rul-
ed. at . conference before his bench
Just before declaring the recess, that
the defense would have to show that
the money Fisch was alleged to have
exhibited to Buchanan was actually
ransom money.
Otherwise, the court said, Haupt-
mann's attorneys would have to
abandon that line Of questioning.
Earlier the defense used . witness
to say that Fisch had carried q shoe
box In May, 1888. It was In q shoe
box that Hauptmann claimed Fisch
gave to him. for safekeeping and
without telling him Of the contents,
the $4,000 Lindbergh ransom money
which was discovered in his garage.
His attorneys also called several
New Jersey police officers and through
them reemphasized the failure Of the
authorities to find any fingerprints
Of Hauptmann on the kidnap ladder
or in the nursery from which baby
Charles A. Lindbergh, Jr., was stol-
en-.
The defense called Lieut.. Paul
Sjorstrom of the New Jersey state
police and learned from him that Of
60 finger marks found on the ladder
After It had been handled by hum
dreds Of people"-only eight were
identified, and none Of these were
Hauptmann's.
Might Have Worn Gloves
The prosecution immedia tely
brought out that II Hauptmann had
handled the ladder. and had worn
gloves. his fingerprints would not be
found.
The prints found. 1t was testified.
were produced by q silver-nitrate
method discovered after the kidnap-
ing date. March I, 1882. Several po-
lice have testified no fingerprints Of
value were found on the ladder i'm
,nediately after the crime.
Sam 6treppone. . Bronx radio re-
pairman who acknowledged on cross
examination that he had been in an
institution for q Oppressive psychosis.
said Fisch called for q repaired ra-
do in May, 1888. and left q shoe box
with him for six hours, picking it up
again himself.
Hauptmann claimed that Tisch,
now dead, left . shoe box with him
on December 2. 1888, and that he
(Hauptmann) was unaware that the
box contained $4,000 in Lindbergh
ransom money.
Henry Uhlig, mutual friend Of both
t1sch and Haurtmanu, was called to
testify. too. that Fisch possessed gold
notes similar to the ransom notes be-
fore be went to Germany In Decem-
Der. 1883.
Uhlig's testimony was designed also
to show that Fisch's relatives, now in
the United States. were prepared to
come here on Fisch'S death to settle
the big estate"
The defense expected to introduce
q wood expert to refute state witnesses
on the source Of wood used in the
kidnap ladder. but did not plan to use
an autopsy expert to challenge the
theory the baby died Of q fractured
skull. There had been intimations
Reilly would attempt to lay the cause
Of death to pneumonia.
Five Witnesses Again Missing
For the second time Tuesday. five
Of Reilly's witnesses failed to show up,
necessitating q second early adjourn
ment OF court and calling forth .
sharp rebuke from Justice Thomas w.
Trenchard.
Justice Trenchard ordered Reilly to
produce ell his remaining witnesses in
court Wednesday. otherwise some
thing unpleasant: Is likely to occur"
The defense expected to rest its
case Friday noon. Reilly announced
after . conference with Attorney Gem
eral David T. Wilentz. Friday after
room and Saturday win be devoted to
state rebuttal testimony, with Wilents
and Reilly summing up Monday and
Tuesday.
BENJAMIN Heller, Z self-styled writer
and cabaret host. was the defense
witness who drew Fisch once more in
to the kidnap picture.
Saw Flsch Jump Wall
Heller related that he and . young