The Waterbury Democrat., 1935-02-05

there Is a little baby on the couch sick with a busted head" He said tie baby resembIed photographs Of the Lindbergh baby. Its head, he said, was bandaged. lssaeff said according to the newspaper, he did not dare to notify police be. cause he feared he might face charges for liquor selling. He re. turned to Paris fin 1893.
 Remington. N. J., Feb 5--fU.P.) --Hcaring of testimony fin the Bruno Richard Hauptmann case was delayed this morning by q le- gal wrangle between state aud de- fense counsel, over the presenta- ton of certain police records to the court.
 While Philip Noses, New York taxicab driver, was awaiting a call to the stand, Joseph Lanlgon, as- sistant attorney general argued against q court order which would have forced Colonel II. Norman Schwarzkopf to bring into court all subpeonas, reports, and copies of statements he issued to the press from March 1. 1932, to November 1 of that year.
 Moses, who has been around Remington for q week, resembles Will Rogers and has entertained crowds in the lobby of the Union Hotel with imperSOnationg of the cowboy comedian.
 He brought into court a copy of a song he composed. It is dedicat- ed to the unemployed and one chorus of 1t reads:
 liturgy. hurray for the NRA
 'No more work on Saturday"
 In the legal argument as court convened the prosecution asked the court to rule on the validity of 6 subpoena Issued last night to Col Onel Fl. Norman Schwarzkopf, su- perintendent of the New Jersey State Police.
 The subpoena ordered him to produce report prepared by Squire Johnson in conenction with tests made with the kidnaper's lad der and other ladders built by the state police in investigation of the crime.
 The state contended the Johnson report--about which SchwarZkopf was questioned on the witness stand yesterday -- called for the production of records and papers immaterial to the trial.
 Assistant Attorney General Jo- seph A. Lanigan cited numerous cases in which it had been ruled that a witness under subpoena was required to bring only those docu- mcnts and books specified in the summons to court.
 Lanigan said 1t would take "sev- eral trucks" to bring the desired material into court.
 This subpoena is vague, uncer. tain, and the materiality of the re- port request Is improved" he said.
 Lloyd Fisher of defense deplied:
 T don't know any rule of evil dence that requires proof of ma. teriaIity by attorneys. That Is for your honor to decide later"
 Fisher said the subpoena asked for the production of the Johnson report and "all photographs of the kidnap ladder"
 Attorney General David T. WI lentz jumped to his feet.
 We are prepared to furnish those in court" WilentZ said.
 Fisher said the defense also wanted to examine the press re- leases issued by Schwartzkopf at Trenton at the time and after the crime was committed.
 Trenchard upheld the contention of the state that the press releases were not material, thereby voidlrg the defense's subpona as 1t pertains to them.
 It was 1925 q. m. when Philip Moses was called to the stand fol his hour In the spotlight.
 Q. By Reilly)-Whats your business?
 A. Taxi driver in Bronx, New York.
 c. Were you in the neighbor- hood of St Raymond's cemetery on April 2. 1892?
 A. Yes sir. In my car. : c. On this particular night. tell the jury the calls you had up to the time you got to St Raynonds cemetery?
 A. can't remember.
 c. What time did you get to St Raymond's cemetery?
 A. After 8 o'clock at night.
 c. Was 1t dark?
 A. Not very dark.
 Reilly handed him a photograph of the cemetery. Moses identified 1t and tho photograph was accept ed in evidence.
 c. Is there q road that runs through the cemetery that is not