The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1935-01-22
r. O N TIN u E n
from page one. ~
Prosecutor Says
State Will Rest
Case Wednesday


print was TAKEN" Sisk said, but add
ed:
There Is no positive connection
between that and the man who took
the ransom. It was taken on q fresh
grave near a retaining wall about
IS to 20 feet from the point DR.. (John
F. Condor said he turned the money
over in st. Raymond's cemetery"
Ladder Evidence Admitted
The ladder. down which the state
charges Hauptmann carried Baby
Charles A. Lindbergh, Jr., to his
death on March /, 1882, was admit
ted to evidence with New Jersey
Trooper Lewis J. Bornmann recalled
to the stand.
Twice before the state offered the
ladder and the defense succeeded IN
barring 1t on the ground It had not
been sufficiently identified, or SUI
ficently connected to Hauptmann.
The defense was Just as vigorous
In its objections Tuesday. but Justice
Thomas w. Trenchard decided to ac-
cept it, nevertheless.
In the states charges against
Hauptmann the ladder Is named vir-
tually as the instrument Of the Lind
bergh haby's death.
It is charged that Hauptmann used
the ladder to reach the window Of
the nursery Of the Lindbergh home
on March I, 1882, that he stole the
baby from its crib, and that the lad
der broke as he descended with the
baby in his arms. hurting the two to
the ground and killing the baby.
Hochmuth Testimony Cited
Justice Trenchard indicated In ad-
hitting the ladder that he considered
the testimony of the aged Amandus
Hochmuth sufficient to connect it
with the defendant. Hochmuth had
testified that he saw Hauptmann IN
the forenoon of the day Of the crime
with a ladder in a dirty green auto
mobile. This, he testified, was on
road leading to the Lindbergh home.
Attorney General David r. Wilentz
also submitted the contention the
state had proved the ladder was In
the condition in which It was found
on the night of the kidnapping.
Frederick A. Pope Of defense coun-
sci argued In vain against the EVIL
dence.
Hauptmann's automobile - the car
which state testimony has placed at
the Lindbergh estate the day Of the
kidnaping-was used Tuesday to give
silent evidence against its owner.
The state brought the car to dem
onstrate, in the closing hours Of its
case, how the kidnap ladder was de-
signed for transportation in just such
a vehicle.
The demonstration, preliminary
to the states final drive to introduce
the ladder as evidence, called for the
jurors to leave the crowded courtroom
for the nearby alley where the auto
mobile was parked.
Case Virtually Complete
After IA days of hammering In its
charge that Hauptmann murdered
the kidnapped Lindbergh baby. the
state considered its case virtually
complete.
Through direct and circumstantial
evidence, the prosecutors said they
have linked Hauptmann to:
I. The ladder up which they
contend the kidnaper climbed
and down which he fell, carry
ing the child to death.
2. The ransom notes, the first
left in the empty nursery and
the others delivered during the
negotiations.
3. The payment Of the ransom.
4. The disposal of the $4,000.
I'VE will finish the case by We'd
nesday. even if we have to cut 1t
Short" said Attorney General David
T. Wilentz
So strong did Wilentz consider his
evidence, after expressing belief that
the state had traced the entire $4,000
Lindbergh ransom to Hauptmann,
that he said:
ITO prolong the case beyond We'd
nesday would be an injustice"
Prosecution plans called tor Mrs.
Elsie Whateley. widow Of the Lind
bergh butler, to come back to the
stand to deny defense limitations that
her husband was working with band
which kidnapped the golden-haired
baby.
PORTRAYED in Three Roles
Hauptmann was portrayed In three
contrasting roles in the testimony
Monday in the superheated little
courtroom.
The first nortrait Was NJ n resnecf.
ed customer in Wall Street broker
age offices.
The second was more obscure. a
carpenter working on the Majestic
apartments in midtown New York.
He was doing work not assigned to
| first-rate carpenters and. reading
between the lines Of q timekeeper's
testimony, he was sen-effacing
person, going silently and efficient
ly about his work until April I. 1882.
| two days after the $4,000 ransom
was paid. when he suddenly quit his
employment.
The third part given Hauptmann in
the states testimony was q furtiye
one. Hat turned down and coat COL
lar turned up, a witness said he pass
ed q ransom IS bill at q Greenwich
Village theater-a S. bill for q 90
cent theater ticket. It was late Nov
ember. 1888, and although the night
was cold he wore no overcoat. Such
testimony offered queer twist, fol
1888 was Hauptmann's most success
full year in Wall Street.