Evening star., 1935-02-06

1T does"
The young attorney then made
much of the fact the ladder prints
were destroyed when the silver nj
trate coloring was washed.
The witness asserted he did not
know that DR.. Hudson had produced
500 prints from the ladder or that
1900 pictures had been made of it.
Kubler told Fisher he had never
used DR.. Hudson's process in investi-
CATION of an actual crime. Fisher
sought to recall to him his resort to
the process in taking prints from a
pick handle in a murder case.
THAT is not a fact" Kubler re-
piled
Wilentz objected that Fishers ques-
tions we're 'impeaching the witness"
Says Defense Is
Leading Witness"
Justice Trenchard stopped the ques-
tions, observing you are debating
with your witness and leading him"
Fisher asked a few more questions
and had the witness say that man
might make print at one time and
not at another.
@. So a man might carry lumber
around. handle it and still not leave
a print? A 1t is possible, yes.
Wilentz took the witness for a brief
cross-examination and elected the
testimony that the silver nitrate was
washed from the ladder by Arthur
Koehler, wood expert from the United
States Forest Products Laboratory,
Madison, Wis. The purpose Of the
washing was to prepare the ladder for
court.
The witness was then excused.
Trooper Frank A. Kelly of the State
police was called next to tell Of his
methods in examining the interior OF
the Lindbergh nursery for finger
prints. AS a State witness. Kelly told
of using black powder method and
failing to find readable prints.
Wilentz objected that the testimony
was repetitious, but Justice Trenchard
allowed Fisher to proceed with his
questions.
A beer stein, Fisher brought out,
was on the nursery window ledge, at
one side, when Kelly made his exarnl-
nation Of the room.
Kelly said the ransom note lay on
the ledge not far from the stein.
Fisher pursued his questioning un-
til Wilentz protested that this has
been gone over time and time again.
Justice Trenchard curbed him, and
he said he would try to ask questions
which had not been answered.
He asked if Kelly learned from DIT.
Hudson that 1900 photographs had
been made of the ladder. Kelly said
he did not know.
You Create Confusion"
Justice Tells Fisher.
@. Do you remember discussing the
construction of the ladder with DR..
Hudson?
A. 1 don't recall ever discussing it
with DR.. Hudson.
Fisher pointed to the upright which
the State says came from the Haupt-
mann attic.
Q. Didn't you discuss this upright
particularly?
A. Not that recall.
Wilentz renewed his objections to
Fishers questions as repetitions and
was sustained.
Fisher said he wanted to clear the
confusion with proper answers from
the witness.
You create the confusion by these
irrelevant remarks Of yours" Justice
Trenchard said, addressing Fisher. :,
Fisher then demanded If Kelly had
not pointed out there was only one
nail hole in the side of the ladder and
remarked to Hudson 1t was very slgnl-
ficant in his mind.
THAT is absolutely not the fact"
Kelly replied firmly.
The States wood expert, Koehler.
and others have testified there were
several nail holes in that upright and
that they fitted perfectly with the nail
holes on the beams In Hauptmann S
attic, where the missing floor board
originally laid.
Kelly was next asked If he knew
Miss McGill, DR.. Hudson's secretary,
and he replied affirmatively. Fisher
then asked for the usual mid-morning
recess and the justice granted the re-
quest.
The mid-morning recess was taken
at 1882 am.
Court reconvened at 11:43 am.
Fisher Tone Biting
In Quiz on Methods.
Fisher renewed his questions about
the ladder investigations.
@. Did the police make a scale
model of the ladder?
A. Yes.
@. Did you ever learn that similar
ladders were built and used in South
Jersey among negro fruit pickers?
A. No.
Kelly said he made no effort to
learn the age of the lumber or when
it was cut No reports on the point,
he added, had come to his attention.
Wilentz renewed his protests that
the testimony Fisher sought to lead
Kelly through had already been given.
Fisher sat down. showing obvious
irritation. His tone became biting as
he switched the question again to
Kelly's methods.
Wilentz. taking the witness, SOUGHT