Evening star., 1935-01-22
New York Detective
Unable to Testify.


Inspector John J. Lyons, the New
York detective who played such a
prominent role in the ransom money
investigation, may not be able to
testify today, as the State had plan
ned to have him.
Assistant Attorney General Robert
Peacock said the inspector was sick
in bed in New York under a DOCTOR
care. The inspector, Peacock said,
would advise the State later whether
he could appear.
Justice Trenchard called the court
to order at 10:11 and the jury was
polled as usual. Convening time was
the latest since the trial began three
weeks ago.
Samuel ]. Foley, Bronx district at
torney, appeared in court at 10 O'Clock
and took a seat near the prosecution
table. He waited at the door out of
camera range.
Col Lindbergh, accompanied by Col.
H. Norman Schwarzkopf, superin-
tendent of State police, took seats as
the jury was being polled after court
convened.
Lewis J. Bornmann, State police
detective, was the first witness called
and sworn.
The attorney general produced a
Chisel. and the witness said he found
it at the Lindbergh estate near where
the ladder was picked up early in the
morning after the kidnapping, March
2. 1882.
I'VE offer the chisel in evidence"
WllentZ announced.
Associate Defense
Counsel Objects.
Associate Defense Counsel Frederick
A. Pope objected to its acceptance be-
cause it had not been linked with the
defendant or with the crime of kid
naping- but Justice Trenchard
admitted it.
Mr.. Attorney General, I am salts
fed it should go in evidence" the JUS
tice said
Wilentz directed the witness at
tention to the ladder upright which
had been cut through for purposes of
wood analysis and investigation.
The detective said he himself had
bSA A"NNe h4AN NPl4St1G llllOQSIl at lllG
State police headquarters.
@. So Detective, these three sec
tions of the ladder are the same as
when it was found, with exception of
the numbers put on and the cuts made
in the investigation?
A. The same.
Wilentz then offered the ladder in
evidence. Previous attempts had been
unsuccessful.
Pope Immediately objected, "for the
same reasons as before"
The ladder was taken apart, he
argued, it was in possession Of many
people and lin many parts of the
country
He named DR.. E. w. Hudson of New
York, criminologist, who made a re-
port that more than 500 fingerprints
had been found on the ladder. as one
OF those who examined it. He men,
toned the States expert, Arthur ].
Koehler, wood technologist, also.
Pope said the defense would not OBJ
ject if the court could be satisfied that
the ladder was in the same condition
as when found
He asked that each person who had
custody of the ladder be produced to
tell what he did with it.
History of Ladder
Held Not Told.
I'VE submit" Pope concluded, "that
the history of this ladder has not been
told"
mo one has ever suggested" Pope
added, that this defendant had any,
thing to do with this ladder"
Wilentz rose to address the court
in reply, but Trenchard interrupted.
Il wonder whether Mr.. Pope re-
calls the testimony of an old gentle
man on March l, I think it was, that
he saw a ladder in the defendants
car"
The iurist's reference was to the
testimony of Amandus Hochmdth,
who placed Hauptmann near the
Lindbergh estate the day of the kid
naping.
Pope renewed his argument, assert
ing he had never known a criminal
case in the State in which an ex-
hibit was admitted without showing
its direct connection with the de-
fendant.
~ think I will hear the attorney
general" said Justice Trenchard.
WilentZ said the State had salts
factorily traced the custody of the
ladder from the time of the crime to
the present.
He emphasized that whatever ex-
periments had been made we're de-