Evening star., 1936-01-09
BRUNO C[EMENCY
NOT TO Be FOUGHT
State Attorneys viii Leave
Plea Exclusively to Court
of PardonS.
BY the Associated Press.

ATTORNEY General David T. Wilentz
will neither oppose nor consent TO
clemency for Bruno Richard Haupt-
mann when his case is heard by the
Court of Pardons Saturday, 1t was
learned from a reliable source today.
State attorneys, it was said author
itatively, felt the prosecutions part IN
the case was closed and that whether
or not Fauptmann dies in the electric
chair Is a matter for the Court OF
Pardons exclusively.
Wilentz and Prosecutor Anthony M.
Hauck, jr., of Hunterdon County Will
appear before the court as matter
of Courtesy and would conflne
their activities to furnishing such IN
formation as the court may request.
Report Secuted by Police.
State police were inclined to scout
published reports that David Moore,
who lives near the former Lindbergh
estate at Hopewell, was almost positive
he saw Hauptmann and woman COM
panion near the kidnapping scene be-
fore the crime took place.
Lieut.. Arthur Keaten said State
police investigator questioned Moore
on September 81, 1884. NJ that time
Moore, in a statement now in State
police files. said he saw strange man
and woman in StoutSburg Station,
small hamlet near Hopewell, two weeks
before the kidnapping The man was
about 35 years old. he said. but he
could give no description of the wom-
an. Keaten said Moore was shown
pictures of Hauptmann, but was un-
able to identify them. Moore, Keaten
added, had promised to advise State
police if he developed any further in
formation on the couple, but had not
been heard from since.
Plea Given Little Hope.
Gov. Harold G. Hoffman expressed
doubt today that the Court of Pardons
would grant Hauptmann's request for
a personal hearing when it considers
his mercy plea on Saturday.
Never has a condemned man ap-
peared before the court to ask
clemency.
Hoffman did not disclose his own
with Chancellor Luther A. Camp
bell, the States highest judicial Off
Ger, also a member of the court.
Chancellor Campbell indicated the
decision on hearing Hauptmann,
whose execution is reported scheduled
for Friday, January II, was one for
the entire court.
Request of Hauptmann.
II would like an opportunity to
appear before the honorable Board
of Pardons when they consider my
case, and be given chance to answer
all questions the court may care
y to ask me-" wrote Hauptmann, con-
victed slayer of the kidnapped Lind
bergh baby.
His message was taken to the Gov
: ernor yesterday by c. Lloyd Fisher
: Of defense counsel.
q Governor Not to Grant Stay.
The Governor said he had no in
tention now of granting Hauptmann
stay Of execution.
1T is not my present intention to
grant reprieve," said Hoffman. MY
present information is that I do not
have the power"
8. He said he was advised last week
sjthat a constitutional provision limit
4 ing reprieves to 80 days after convic-
ton meant 80 days after conviction
in trial court.
Hoffman said he would announce
= the courts meeting place tomorrow.
: If the Governor selects the State
prison, it would indicate strongly that
Hauptmann will be heard.
, Await Documents From Abroad.
Meanwhile, the Governor disclosed
that certain documents relating to
: the case are en- route to America on
E the German liner Europa, due in New
Z York tomorrow.
= The Governor said he had not asked
: for the documents. The opinion pre-
= vailed that Hauptmann's lawyers were
I, instrumental in having them sent to
. this country.
) Fisher declined to comment on the
I. purported documentary evidence, but
5 it was understood it involved the late
! Isador Fisch, Hauptmann'S business
partner.
= Hauptnann has insisted that he
. obtained the Lindbergh ransom money
!. found in his possession from Fisch.
s. The Governor said he had obtained
: from the State police number of
exhibits used at Hauptmann's trial,
: including the chisel allegedly found
beneath the nursery window of the
s 1indbergh home at Hopewell A chisel
of similar size allegedly was missing
from Hauptmann's tool kit.
= Evidence Requested.
!. Il requested this evidence" Hoff-
/" man said, "as president of the Court
/, of Pardons. You must remember five
: Of the court had an opportunity to
. examine the evidence as members of
the Court Of Errors and Appeals.
Chat court refused to disturb the
verdict.)
= My sole interest is to see that
Justice is done. If Hauptmann is
b guilty the nature of the crime war
rants the full penalty of the law. If
he is not guilty or the judges are con-
WINGED of any element of doubt, they
Should give consideration to that. If
there were accomplices every agency
lin the State should be used in an eff
Tort to punish all involved in the
crime"