Evening star., 1935-02-05
REILLY CONTINUES
DRIVE FOR AL|B|.
Calls Number of Witnesses
to Testify Bruno Was
at Home.
ne tba Aesoc,atsd p,ess

witnesses ready to throw into the
legal breach in the final drive to win
acquittal for the Bronx carpenter
accused of the Lindbergh kidnap
murder.
Associate Defense Counsel Egbert
Rosecrans pcofessed to have no
knowledge what witness the defense
would call first. He said the decision
rested with Chief Defense Counsel
Edward j. Reilly, and he did not
know If Philip Moses, Bronx taXlman,
would be the first to testify.
Hauptmann. taciturn and express
sionless, was led in by his guards and
took his accustomed seat.
When Reilly arrived in court a
short time after Supreme Court Jus
tice Thomas w. Trenchard and the
Jury. he said he was considering re-
calling Col H Norman Schwarzkopf.
State police superintendent, for fur
ther questioning on the kidnap ladder
and reports pertaining to 1t.
The prosecution staff, Attorney
General David T. Wilentz, Prosecutor
Anthony M. Hauck, jr.; Assistant
Attorney Gelltldi oOocpAl bolAASuAi oA.0
others, assembled about their table
as court was about to convene.
Court convened at 1905 am.
The three colonies, Charles A. Lind
bergh, H. Norman Schwarzkopf and
Henry Breckenridge, took their ac-
customed places, side by side, back OF
the prosecution table.
State Asks Court
To Omit Data.
After the jury had been polled, As
sistant Attorney General Joseph Lanl-
gan arose to present petition by Col.
Schwarzkopf to be released from a
duces tecum subpoena served on him
by the defense directing him to pro-
duce in court today all his press re-
leases from the kidnap date, March
l to November l, 1882, photographs,
reports on the ladder and mass OF
other data contained in State police
investigation records.
The request sis all too indefinite and
uncertain" SchwarZkopf alleged in the
petition which Lanigan argued.
Lanigan read from cases supporting
the States position. One Of which
recited "a mere fishing expedition is
not to be encouraged"
Reading further authorities, Lanigan
said, "a witness ought not to be re-
quired to bring into court all his
papers and documents. without def
mite specification which are desired
"A general subpoena of this char
acter is as unfeaSible as a general
search without authority" Lanigan
concluded.
He urged the court to refuse to
require Col. Schwarzkopf to produce
the police reports asked by the de-
fense.
c. Lloyd Fisher began his reply to
the argument.
Fisher said I'VE feel our position
is perfectly sound in asking for the
records. He pleaded unpreparedness
to argue the legal phases of the
case, but contended the subpoena
was very specific in what material it
requested.
This is one Of the major factors
of the case bearing on the question
OF criminality involved" Fisher
argued.
Wilentz interposed. offering to pro-
duce this truckload" of records If
the defense desired.
Fisher said the reports asked could
be brought to court in brief case.
Renews Requests
For Press Bulletins.
Fisher renewed his request for press
bulletins lover Col. Schwarzkopf's sig
nature" which dealt with the inves-
tigation about the time of the suicide
Of Violet Sharpe.
Lanigan insisted that the subpoena
did not cover production of such re-
ports.
"The materiality is this, your
honor" Fisher went on, this man
headed the police investigation and
anything over his signature, we take
1t, Is official"
Unless you can show" said the
justice, something is material, in
these releases, for the defense, ! feel
must deny your request"
Fisher was allowed to reserve right
to cite authorities to support his
position and Justice Trenchard di-
rected that the trial proceed.
Mrs. Hauptmann arrived 20 minutes
after court convened and took her
usual seat near her husband.
The defense plan to call Col.
Schwarzkopf as the first witness was
altered after the failure to force pro-
duction of his records
Reilly called as the first defense
witness of the day Philip Moses, un-
derSlzed Bronx taxi driver who carried
his overcoat and hat to the stand
with him. He spoke confidently in a
loud voice.
Q. What is your business? A. Taxi
man.
Q. How long have you been In that
business? A. Eight years.
@. In New York? A. Yes, the
Bronx
Q. Were you taxi driver in the
Bronx in the years 1882 and 1898?
A. Only 1882.
@. What do you do now? A. Un-
employed.
Near Cemetery
OF Ransom Payment.
". were you IN the vicinity of st.
Raymond's Cemetery on the night of
April 2, 1882? A. Yes, sir; Saturday
night.
@. Where were you. A. On nv
taxicab.
@. Where did you keep your car?
A. East fremont avenue, Mayflower
Garage.
Moses remembered making two
trips and then arriving at the ceme-
terry about pm.
The abrupt, loud-spoken answers
of the little. middle-aged man caused
even the defendant to smile.
Reilly introduced in evidence, with
out objection, an aerial view of St.
Raymond's Cemetery
Moses identified Whittemore ave-
nue., but said the road he was on was
not shown on the photograph.
Reilly then used State exhibit in
an effort to have the witness locate
the road.
Neither exhibit showed the road
mentioned by the witness and the
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