Evening star., 1935-02-08

Show that at least one OF HaupC-
mann's alibi witnesses was in error
when he said he saw the defendant in
the Bronx on the kidnap night.
Relative of Fisch
Due to Be Called.
The attorney general said he would
also go into other details of the de-
fense case.
Hauptmann arrived in court with
his guards. He and Reilly talked,
Hauptmann resting his hand on the
back of his counSel's chair.
Attorney General Wilentz, Robert
Peacock, Joseph Lanigan, Anthony M.
Hauck, jr.; George K. Large and
Richard Stockton, members Of the
prosecution staff, milled about their
table.
Arthur ]. Koehler, Federal wood ex-
pert. who traced kidnap ladder wood
to Hauptmann's attic, sat at the State
table.
Court convened at 1901 am. (E.
S. TD
Robert Peacock, disclosing a change
in State rebuttal plans, said % wit
neSSeS would be called, among them
one of the relatives of 1Sador FiSch, the
dead German furrier, from whom
Hauptmann alleged he received the
ransom cash.
Supreme Court Justice Thomas w.
TrenChard raped for order and di-
rected the jurors be polled.
De Bisschop Recalled
IN IHifnoSS Stand
Wilentz, suddenly abandoning his
announced intention not to cross
examine De BiSschop further, had the
Connecticut man recalled to the wit
ness chair.
There was a whispered conference
and the defense decided to examine
De Bisschop further. Associate De-
fense Counsel Frederick A. Pope took
the witness.
The State, Peacock said, would call
as its first rebuttal witness, J. J. Far
Der, New York insurance man, who
told investigators that he and Ben
jamin Heller, refenSe witness, were
involved in an automobile accident at
the time when Heller said he saw Fisch
at St. Raymond's Cemetery the night
the ransom was paid.
Peacock said the Hunterdon Coun-
ty grand jury would be called to con-
slider the accuracy of Heier'S testi-
mony Immediately after the Haupt-
mann trial ended.
De BiSschop was asked to illustrate
his contention that there were more
knots at the bottom of a pine tree
that at the top.
The contractor produced pine sap
ling about II feet tall, sawed in two
pieces.
Holding the two pieces together, De
Bisschop looked like lancer with a
wooden spear tipped with pine needles.
WilentZ objected against the demon
stration because, he said, it was "ob-
viously" impossible to cut board the
size of the ladder uprights or of the
Hauptmann attic flooring.
Wood Demonstration
Allowed by Court.
Pope insisted the method of grow
ing was the same. He explained that
he sought to show the ladder rail was
"butt" board, taken from near the
base of tree, where knots appear
more frequently.
The wood man was seeking to dem
onstrate that the Hauptmann attic
board had fewer knots and could not
be of the same piece with the ladder
rail.
Justice Trenchard allowed the dem
onstration to proceed briefly"
Pope then drew from the pudgy wit
ness the statement that the reputed
attic floor board which the State has
matched with the ladder upright
showed no shadow of the joiStS to
which it was nailed. The marks would
show, he stated. He likewise said it
bore no marks of having been taken
up by chiSel, hammer or other imple-
ment.
Gen. John F. ORyan, New York
Police Commissioner when Haupt-
mann was arrested in the Bronx, was
seated at the prosecution table behind
Large.
Quizzed on Boards
Nail Marks.
@. How many years have you been
engaged in removing flooring?
A Eight years.
Pope turned the witness over to
Wilentz.
@. Isn't it the inference you want
TO make that the board had never been
nailed to joists?
A. I said I saw no marks that it
had been taken up.
Pope objected to Wilentz's questions
but Justice Trenchard allowed them
to continue.
@. So far as you know, 1t had been
nailed down to joiStS?
A. It might have been.
Wilentz asked the contractor to
identify the size of two cut nails.
These are supposed to be and
penny said De Bisschop-
Wilentz's offer of the nails in evl-
dence was opposed by Pope, who
argued they had never been connected
with the case.
Justice Trenchard allowed Wilentz
TO proceed with an understanding that
if they were not connected they would
be excluded.
De Bisschop expressed the view that
one Of the nails had not been used
and could not have been taken out OF
the attic board.
"It could not have been taken out
and still be as straight as that" he
explained.
Then, as Wilentz was taking the