The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1936-01-15
.HAUPTMANN
LAWYERS MAP
NEWAPPEAL
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WINGED Hauptmann is the actual
kidnaper Of the Lindbergh baby
might announce q reprieve at any
time.
Credence was lent this belief
by the assertion Of Attorney Gen
eral David T. Wilentz to members
Of the legislatures appropriations
committee that he was informed
ION good authority that the gov
ernor would reprieve Haupt
mann" Wilentz indicated to
them he would need additional
funds to combat this action.
In further substantiation OF
the reprieve rumor was a state
ment attributed to William s.
Conklin, the governors secretary
that no steps will be taken to
force DR.. John F. Condor to re
turn from his South American
cruise because he will be back
in plenty Of time"
Conklin, however, has repeat
edly declared he has no idea
what the governor will do on the
question of q reprieve.
The records of the State Of
New Jersey show that on IA occa
sionS reprieves have been granted
by governors in murder cases.
Hauptmann's lawyers Offered
no new evidence in their petit
ton before Federal Judge Davis
for q writ Of habeaS corpus.
Dramatic Hearing
The action before Davis was
dramatic. The petition had been
signed by Hauptmann himself in
his cell. From the prison the de
tense lawyers, c. Lloyd Fisher
Frederick A. Pope, Egbert Rose
Grams, Neil Burkinshaw and
Nugent Dodds, the latter two new
ly.acquired attorneys from Wash
ington, went to the Federal court
Before hearing the petition
Judge Davis said the presence OF
Attorney General Wilentz would
be necessary. Wilent1 came, &C
companied by Joseph Lanigan and
Robert Stockton, assistant at
torney generals, and Capt. John
j. Lamb Of the New Jersey State
police.
Burkinshaw presented the petit
ton for the defense. Its principal
allegation was that Hauptmann
was exposed to IAN Overwhelming
mob spirit" during his trial in
Pennington q year ago.
This mob spirit" it was con.
tended, deprived Hauptmann OF
his constitutional rights by cauS-
ing conviction without "due pro
cess Of law"
Jurors Influenced
The jury, the petition alleged,
was Exposed and subjected to
hostile influences" by being In
completely sequestered and the re-
suit was the jurors frequently
heard the expressions Of the
crowd.
Other allegations were:
Jurors heard the cries Of
newsboys and saw newspaper
headlines.
Disorderly occurrences IN the
courtroom were frequent.
A motion picture camera was
set up in the courtroom.
In the hotel where the Jurors
were quartered they could hear
the nightly broadcaSting Of a
radio commentator on the
Hauptmann case.
Reporters were quartered on
the same floor of the jurors and
the Jurors could hear the opin.
ions of the newspaper men.
The prosecution suppressed
evidence which might have been
of Importance to Hautpmann.
The petition charged that the
first ransom note, the one left at
the window, was described by
state witnesses as having been
constantly in the possession Of
the State police, when lin truth
said note was out Of their possess
ion almost Immediately, and be
fore subsequent notes appeared.
Letters From Fisch
It was further charged that the
prosecution kept secret letters
from the dead Isidor Fisch to
Hauptmann and from Hauptmann
to Fisch which were taken from
Hauptmann's home. Fisch was the
fl1rrier from whom Hauptmann
claimed he got the ransom money
Attorney General Wilentz in
dignantly denied the argos
made in the petition. He told
the court the defense counsel
never once made a complaint
during the trial. The hotel used
for harboring the jury was used
with the consent Of the defense
Called Subterfuge
Wilentz branded the whole
charge Of prejudicial atmosphere
at Remington as "a Subterfuge
and a fraud attempted to be i'm
; posed on this court"
AS for disorder in the court
room, Wilentz pointed out it was
Hauptmann who rose from his
seat and cried at a State witness;
"Stop your lying" He said the