Evening star., 1935-10-10


In any event, the evidence that $2,790
Of the ransom money was deposited in
the Federal Reserve Bank at the time
the gold notes were called by one
~. J. Faulkner" whose handwriting
on the deposit slip was concededly not
that of Hauptmann, was o most per-
suasive circumstance, and that the
testimony of Condor and the remain
ing witnesses was on the whole Of such
q character, in its material aspects.
as not to furnish adequate ground
for verdict Of guilty.
Cites Circumstances
At Time Of kidnapping.
Defendants reply brief points out
that the evidence Of Mrs. Lindbergh
established that friendly hands" lift
ed the child from the crib; that "the
safety pins still held the covers to
the mattress" and that there were
no bloodstains or evidence Of haste
anywhere"
The query Is put, "How did the
kidnaper know that the southeast win
uUW INu AlUO liuloNAy Va oAAsS ~
was the only window In the room that
could not be locked" and it Is said
that, with q 35-mile gale blowing the
defendant did the highly improbable
thing of "risking his life" on this
frail ladder and Of placing ut against
the side Of the house without leaving
his trail imprinted in the soft earth,
climbed the ladder next to the top
rung, 4s inches below the window
sill, and with his left hand opened
the shutters In a 35-mile gale, raised
the window without the use Of a
jimmy or instrument. entered the room
alone and obtained the baby"
Attention Is directed to the absence
Of evidence of an "outcry or alarm"
when the baby was lifted from the crib
and carried out the window, as alleged,
and the fact that o stein resting on
the side of the window sill was not
disturbed, that the gale did not dis
turb the note left by the kidnaper
that the closed window and shutters
found after the kidnapping demon
strated that 1T did not happen that
way, that the window was never
opened or closed, that the baby never
came out of the window and certainly
could not have met its death under
the window or in the room without
leaving some indication somewhere
showing where its skull was fractured. >
Moreover, 1t is claimed that there
was affirmative credible evidence of
an alibi both as regards the night of
the commission of the crime and pay
ment of the ransom money.
Evidence Found Leading
Inescapably to Verdict.
Our conclusion is that the verdict
is not only not contrary to the weight
Of the evidence, but one to which the
evidence inescapably led. And, dis
carding the testimony of the witness
classified as irresponsible by the de-
fendant, the result Is the same. From
three different and in the main un-
related sources the proofs point un-
erringly to guilt, viz: (a) Possession
and use Of the ransom money; (b) the
handwriting of the ransom notes. and
(c) the wood used in the construction
of the ladder.
(A) Bills totaling $14,600 were
found hidden in defendants home in
the Bronx, New York, beneath the
floor Of the garage and in the rafters
of the dwelling house. In a hidden
recess in one of the rafters containing
some OF the bills was found q small
revolver. On board in the closet of
the house was found, in defendants
handwriting, the address and telephone
number Of Condor. And We have the
return of the sleeping suit by the man
to whom the ransom money was even-
tually paid.
The explanation of the source of
this money offered by the defendant
was incredible, and We find not the
slightest evidence to corroborate 1t.
The defendants handling of the
money makes clear his guilty connec-
ton with the enterprise. He was with
out funds before the payment of the
ransom money, and in comparative
poverty he worked at his trade, appar-
emily, In the light Of his subsequent
conduct, because it was his only means
Of livelihood. After the payment Of
the money he refrained from work
entirely and speculated in Wall Street
on comparatively large scale. His
actions thereafter are persuasive of
guilt.
NewFound Prosperity.
Antidated Fisch Date.
1t is clear his new-found prosper
ity was evidenced long before he says
he found the money claimed to have
been left by Fisch. It Is inconceiv-
able that Fisch, if he had this money,
would have left it In the defendants
custody in the manner claimed, par
ticularly when he was planning to
leave for Germany on what seemed to
be his last trip. He was afflicted with
tuberculosis and died shortly after re-
turning to his home land.
From the foregoing it is deducible,
the moral certainty beyond a reason
able doubt, that he collected the ran
som money, and was therefore the
kidnaper, particularly in view Of:
(B) The identification Of the hand
writing on all the ransom notes, in
cluding the one left on the window
sill of the nursery window, as that of
Hauptmann. The popularity Of the
expression and spelling common to all
these notes and admittedly genuine
writings by Hauptmann. It is like
wise an inescapable inference that the
writer of the ransom note on the
window sill entered the nursery and
perpetrated the crime.
Moreover, we have the chisel found
at the scene Of the crime. It was of
a size that is ordinarily q part of a
carpenters tool chest, but was missing
from Hauptmann's set, found in the
Bronx home.
Co Part Of the wood used in the
construction Of the ladder was taken
from Hauptmann's Bronx home. It Is
significant that, long before Haupt-
mann's arrest, the wood, or part of 1t,
was traced to Bronx lumber yard
near his home by the expert, Koehler.