The Waterbury Democrat., 1935-02-04

A. Sommer, who testlfted ne gaN persons resembling Violet sharp, and Isidor Fisch crossing the Hud son river on a ferry with a smnl child at the time of the Lindbergf Kidnapping was recalled to-day foI cross-examination at the Bruno Richard Hauptmann trial.
 Wilentz questioned Sommer.
 c. You've had time to think about this over the week end? A I didn't think about 1t.
 Wilentz questioned sommer or the small and tall man" he thinks he saw somewhere in New Jerssy or somewhere in New York, oI possibly on the Weehawkeu ferry on the night of the Kidnapping.
 c. Now Mr Sommer you testi- fled Friday that you saw a small man? A. l didn't see the small man again.
 c. You saw a small man and a tall man on the trolley. Did you sec the small man on the boat? A. No.
 c. There's no doubt that you didn't see the small man again. A. No.
 c. Is this the man you saw helping the woman with the baby A. It looks very similar.
 Wilentz handed the witness a second photograph.
 c. Can you say which of these helped the woman? This ono resembles the man (pointing to the left photography.
 c. You wouldn't swear this was the man? 0. No, but there is a great resemblance.
 c. You did not SC the short man on the ferry boat? A. No.
 Wilentz brought out that on Friday Sommer said he saw the short man on the boat.
 c. Do you want to change your testimony now? A. Yes, do.
 c. You are a professional wit ness aren't you? A. l don't know where l qualify ."
 c. Don't you come to court and testify for a price. Haven't you on occasions testified for many and then the money was not forthcom- ing, you changed your story and said you had testified improper ly A. No sir.
 Q. How many cases have you testified in? A. About two, guess.
 Q. Tell us what they were? A. The Brooklyn railroad.
 c. You testified In the Hall Mills case? A. Yes.
 c. Did you testify as a finger print expert? A. No as an op- orator for a deective agency.
 c. Did you ever pass the civil service test for finger print ex- perts? A. Well---
 Q. Answer the question? A. Yes l did.
 Q. So you worked as finger print expert for the defense and then you testified for the state in the Hall-Mills' case. A. That's right
 c. Did you ever use any other name besides Sommer. A. No.
 c. You testified in the Smith case? A. Yes.
 c. You testified falsely. A No, I did not.
 That was the case in which a woman lost her eye? A. Yes.
 c. And you were called as a witness to testify to the accident? A. Not about the accident, but about what had happened to this girls father.
 Frederick Pope of defense, ob- jected to the questioning.
 The court directed the attorney general to rephrase his questions.
 Another objection by Pope brought the ruling from the court that Wilentz might ask the witness If his testimony was false.
 Did you testify falsely in that case? A. Not to my knowledge.
 c. Didn't you make an affidavit later that you testified falsely?
 Defense objection to the attor- ney generals question was sus- tained.
 c. Will you say now that you did not testify falsely in this Smith case? A. Not to my knowledge. The lawyer told me that If 1 didn't want to testify to certain things, l could go home.
 Q. Did you go homer, A.No did not.
 Sommer admitted that he had made q mistake concerning the date of an explosion which figured In the case under discussion.
 c. So at the trial you testified to an explosion of bottles before 1928 and afterward learned 1t was after 1928? A. l later made an affidavit.
 Q. Isn't it true that you threat ened the lawyer that you would 90 to the district attorney. A. No.
 c. You were paid $15 and ceased your threats? A. That was for expenses.
 Wilentz concluded cross exam nation and Reilly took the witness for redirect.
 c. (By Reilly)-There isn't any doubt you were on the ferry boat that night. A. No.
 Q. Did you go to police the next day? A. did.
 c. Did you go alone? A. No, took two young men with me.
 c. Who were they? 4 man namde Butt and a man named Young.
 o. Are they here in Fleming .on? A. They are.
 c. How long after the kidnap- Ing did you see q picture of the short rman? A. About two years.
 c. You don't remember when you saw the woman's picture? A. No.
 c. You saw the picture of the nan before Hauptmanns' arrest? 4. About that time.
 c. Don't you know this mans picture never appeared in any ewspaper at that time? Al don't 1eep track of the dates of papers.
 Wilentz showed the witness 
 Q. Have you ever seen this wo- nan before? A. I'm not sure.
 c. Will you say you never saw hat woman before? A. wouldn't Iay.
 Q. Does that woman live in your louse? A. It's hard to tell.
 c. Did you sec her yesterday? |. No.
 c. Will you take q look at this icture and see if you recognize ny women in tt? A, No. When Wilcntz asked the witness: You wouldn't say yes or you couldn't say mo-" Reilly objected. 'The attorney general Is QuOtinE