Evening star., 1935-02-04

you were at stand near the scene
of the accident? A. If it was recorded
that way, didn't testify to it.
Pope objected to the questioning as
improper croSs-eXamination and Wi
lentz explained he was testing the
credibility of the witness. He was al
lowed to proceed.
Knew Nothing"
About Accident.
@. You knew nothing about that
case, about the accident? A. Not
about the accident.
@. No, and you testified about the
circumstances and condition prior to
the accident? A. No, If that Is in
there (the record) it's wrong. I had
a row with the lawyer when I came
into court.
Pope again objected and Justice
Trenchard said, II don't see how you
can go into his testimony in an
other case"
Wilentz was allowed to put the
direct question:
@. Didn't you testify falsely? A.
I did not.
Pope's next objection of Wilentz's
questions on Sommer being paid for
his testimony and making an affidavit
that his evidence was false was sus-
tanned by Justice Trenchard.
@. You testified about things you
didn't know? A. No. I testified !
saw certain bottles explode.
D,,f -. ,{~%o
date. 1t was after the accident that
you saw the bottles explode. A. That's
right.
Q. But you testified they exploded
at the time? A. Yes, I was mistaken.
Admits Errors
In Previous Case.
Wilentz sought to bring out the
witness had testified falsely in an
accident case, but the defense objected
to the method of the questioning de-
signed to discredit the witness.
Trenchard, restricting the questions,
allowed Wilentz to ask him If he had
made errors in his testimony in that
case. The witness said he had.
@. Isn't 1t a fact that you only
had your testimony corrected after
the attorney failed to pay you? A. No
@. Didn't you threaten to go to
the district attorney If he didn't pay
you SIS? A. No. That was my ex-
penses.
WilentZ brought from Sommer that
he was employed in the supplies
division Of the New York City Admin
iStration and then ended his questions
Reilly asked questions on Sommer's
testimony on the exploding bottles.
Q. There is not any doubt you were
on the ferry boat? A. No.
@. There isn't any doubt you saw
what you told us about? A. Yes.
@. And you reported 1t to the po-
lice the next day? A. Yes.
@. Were you alone? A. No, I had
two young men with me.
Q. And when you notified police
you never expected you would testify
In this case, did you? A. No.
Reilly then turned over the witness
to the State for re-cross.
Unable to Identify
Picture Of Woman.
Wilentz asked the witness If he had
ever seen a picture outside court Of
the woman carrying the baby (alleg-
edly Violet Sharpe). Sommer said he
might have seen it In the newspapers,
but couldn't remember when.
He added that he thought he had
seen the picture of the man (allegedly
Isador Fisch) about year and q half
after the kidnapping.
Don't you know" Wilentz shouted,
that that picture never appeared In
the newspapers until September, 1884.
after Hauptmann's arrest?"
II don't know about that" SOM
mers replied.
Sommers wasn't able to identify a
lentz as that of the woman he alleg-
edly saw with baby on the trolley
the night Of the crime.
you wouldn't say yes and you
wouldn't say no. Wilentz said
tauntingly, recalling Sommer's answer
to questions last week.
Reilly jumped to his feet and OBJ
jected that Wilentz was framing the
question "for newspaper headlines"
Wilentz turned to Justice Trench
ard and declared:
May I say to Mr.. Reilly through
your honor, ! think 1t comes with
very poor grace from him to speak
about talking for the newspapers"
Trenchard allowed the question,
and Sommer again pleaded his in
ability to identify any Of the many