The Waterbury Democrat., 1936-03-28
Hauptnann To Know
 Sure Fate Monday
Continued from Page D

(Continued odl c. Hoffman, the state chancel- Tor and six day judges, would meet in formal session on the condemned baby slayers new plea.
 Only Hope Is Reprleve
 The only other possibility of Iiauptmann escaping death in the electric chair Tuesday night would be for Gov. Hoffman to grant an- other reprieve, or the remote con- tingency of a new trial being or- dered. Hoffman's secretary an- nounced that under present cir- cumstances the governor was con- vinced a second reprieve would be illegal and that 1t would not be granted. He has said he would not grant a reprieve unless Attorney General David T. Wilentz approves legality of such action. With Will entz and the governor bitterly at odds over the executives proced- lire in the case, there was little prospect that he would do that.
 WiIentZ withheld
 Tn a statement at Perth Amboy. ". J., Wilentz said he would with hold my view about reprieve un- til the governor asks me about 1t. The attorney general also reiterated his belief that "Hauptmann IS as guilty today as the day he was con- victed."
 The results of the governors per- sonal examination of the attic of Hauptmann's former home in the Bronx will be presented to the court, which will be asked to consider whether this examination developed any new important evidence.
 c. Lloyd Fisher, chief defense counsel, also is prepared to renew his attack on several key witnesses who helped the state knit It's case against Hauptmann in the Fleming ton trial. In this he may expect help from the governor, who yes terday issued statement attacking credibility of three witnesses who identified Hauptmant1.
 What Hoffman Thinks
 Governor Hoffman also charged that Hauptmann was not given a fair trial. It was stated officially that Hoffman will not grant new reprieve under any circumstances that can now be foreseen because he believes such action would be H. legal. Wilentz shows no indication of advising the governor otherwise. Governor Hoffman. however, is pre- pared to exert every influence to con- vince the court of pardons that 1t should act. The board may commute sentence or even free the prisoner, but 1t cannot merely delay execu- ton.
 Rests with Pardon Board
 As a result of these developments the possibility of delaying the exc cution--scEed eduled for Tuesday night appeared to rest almost entirely with the court of pardons. The only other avenues of escape or delay for lauptmann rest with whatever re- prieve power the governor may have or with an appeal to the trial judge, Justice Thomas w. Trenchard, for q new trial. Of these two alterna- tiyes, the statement at Hoffmans office that he would not issue a sec- ond reprieve under present circum- stances appeared to block that avenue. Tn regard to an appeal for a new trial, 1t was known that de- fense counsel was considering such a move but was extremely reluctant to 20 before Judge Trenchard be- cause such a move probably would be 8 futile gesture.
 Hauptmann Not Told
 Hauptmafin in cell No. 9 of the New Jersey state prison death house was not immediately informed Of the summoning of the board of pardonS.
 Principal Keeper Mark o. Kim berling said he expected Mrs. Anna Hauptmann to visit her husband to- day and that she would inform him that his last legal appeal probably will come on Monday. Mrs. Haupt- mann will see her husband again on Monday which will be the last time she sees him alive unless the execu- ton is postponed. She probably will visit the death house after the board of rardons meet at Il a. m. Reports from the death house today were that Hauptmann continued to bear up we'll" It was said there was no conversation between Hauptmann and Charles Zied, Camden gang ster scheduled to die the same night. because they are. four cells apart.
 Members of Pardon Board
 Members of the pardone court are the governor. Chancellor Luther A. Campbell. and lay Judges Harold B. Wells of Bordentown. Walter L. Het- field, Jr., of Plainfleid. Joseph A. Dear, IT,, of Jersey City. George van Busklrk of Hackensack.. John J. Rafferly of Mlddlesex and William D. WoliskeiI of Elizabeth.
 To commute Hauptmann's sen- tence . majority vote Of the court is required and the majority must fsaeiasfla flaa G0VQrn0r ID retecl ik