The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1936-04-03
FOREMAN SAYS
PROBE CAN BE
RE0PENED
Warden Goes Ahead
With Preparations
For EIectrocution
CONTINUED from Page ~

del case and that Hunterdon
County Prosecutor Anthony M.
Hauck be superseded by a special
prosecutor.
Hunterdon county was the scene
Of the Lindbergh murder, and the
trial of Hauptmann took place
there at the county seat, Fleming
ton.
Fisher also sent a telegram to
Hauck, asking him to convene a
grand jury. Hauck, when reached
by telephone, admitted he had re-
ceived the telegram, but added:
81 have formulated no reply
as yet"
Freeman, foreman of the Mer-
Ger county grand jury, insisted
this morning that no vote had
been taken on the question OF a
murder indictment against Wen
del, although two grand jurors
insisted the vote had been taken
and an indictment refused.
Could Reopen Case
Asked point-blank, the foreman
replied with question OF his
own:
"HOw could we have voted
since there were no summons,
no complaint and no commit
ment papers before us?
"What we did was to vote a
discOntinuance of the inveStiga-
ton"
Freeman was asked if there is
anything to prevent the grand
jury from reopening the Wendell
investigation when it convenes
again next week. He responded:
absolutely nothing"
Governor Hoffman had not ar
rived at his office up to noon. But
at that hour a statement was is
sued from the Governors office
telling of a letter sent to Hoffman
by the Rev. D. G. Werner. one of
Hauptmann's spiritual advisers, re-
vealing his (Werner'S) experience
during what he believed to be the
last few minutes with the con-
demned man on Tuesday night
just before he was granted stay.
This statement was construed as
evidence of the Governors con-
tinued interest in Hauptmann's
status.
Although reports were emanat-
ing from the State house quoting
"a close associate" of the gov
ernor as saying Hoffman will
grant Hauptmann reprieve, it
was definitely learned that the
governor has not made up his
mind pending adviceS from GER
tain undisclosed quarters.
If these adviceS were favorable
Governor Hoffman was reported
ready to once more halt the ex-
ecution.
Refused to Change Story
The statement quoted the Rev.
Werner as saying he asked Haupt-
mann if he had anything to say
and the prisoner had answered:
"No, I have told the whole
truth. 1 can not change it,"
The minister added that those
pregnant moments showed that
Hauptmann was an innocent man.
Prosecutor Erwin E. Marshall
of Mercer county said rumors that
the grand jury had voted 10 to 9
against an indictment of Wendell
last night were untrue. He said
the matter of the indictment sis
still open and undecided"
LoOphOle Seen
Asked if in his opinion this left
a loophole for Governor Hoffman
to grant reprieve, he said:
"It looks that way but should
not like to say"
Attorney General Wilentz was
not in when Colonel Kimberling
called at his office and the warden
left letter with his secretary in
which he asked for a Qualification
of the muddled situation. He then
left for the prison. Kimberling
said:
81 am not at all sure that the
Wendell case is finished. Mean
while, preparations for the exc
cutiOn are going ahead. This
afternoon 1 expect to get an an
Swer from Mr.. WilentZ."
HEAD TO BE SHAVED
Preparations for Hauptmann's
execution would entail the shaw
ing of his head again so as to
make the contact for the electrode
perfect. The condemned man
would be taken from his own cell
No. 8, equipped with a cot and
mattress and chair, and removed
to an adjoining by foot cham.
Der devoid of movable furniture
This precaution is taken in the
fear Hauptmann might attempt
suicide.
There will remain up to the last
minute tonight the enigmatic fig
ure of Governor Hoffman as a
possible barrier between Haupt.
mann and the death seat. What
he would do was unpredictable
and open to all kinds of conjec
ture.
Kimberling Notified
The governor had appeared per
sonally before the grand jury. It
was the first time a New Jersey
governor had gone before a grand
jury in a murder case. His bit
ter opponent in the Hauptmann
drama, Attorney General David T
Wilentz, also went before the jury
Asked what he would do in the