Evening star., 1936-01-19

pal figures OF the case have gone since
the Governors reprieve and his sub
sequent statement in defense of it,
was unbroken today except for the
circulation Of numerous reports. most
Of which lacked confirmation or were
denied.
Rumors on Reprieves.
One report said Gov. Hoffman IN
tended to grant two more reprieves to
Hauptmann Attorney General Will
entz said he had no knowledge Of such
an intention. and it was pointed that
the Governor specifically stated there
would be 'only one reprieve. and no
further reprieve, unless the evidence
should warrant It,"
New evidence" sufficient to win
Hauptmann a new trial must have
certain elements If It is to be accepted.
A court authority explained tonight
that new evidence" must have:
/. Materiality; it must come from
responsible persons without dubious
past records; it must be such that it
will tend to refute directly the princi-
pal points upon which conviction was
based .,s
2. 1t must not be cumulative
merely additional witnesses or data
upon some defense point already aired
at .the trial.
3. 1t must have been acquired after
the conviction, and must not be such
that 1t might have been produced at
the trial by the exercise Of reasonable
diligence on the part Of defense coun-
sci. (Thi rule Of precedent is consid-
cred flexible, If the evidence is con-
elusive of innocence.)
The Court Of Pardons, although not
bound by the same strict legal rules as
the courts of law. presumably would
follow the same rules of evidence. Five
of its eight members are lawyers.
Might Be Witness.
Should evidence sufficient to war
rant an indictment and arrest be
found against an accompice, Haupt-
mann would probably be reprieved to
appear as a witness. This would not
necessarily prevent his eventual execu-
ton unless the trial Of the accomplice
showed Hauptmann was not the actual
slayer, or that there were mitigating
circumstances.
II Gov. Hoffman should exhaust his
reprieve authority which is limited to
80 days, there remains the Court Of
Pardons which, lawyers believe, could
reprieve indefinitely. This power has
never been tested, but authorities
point out that the power Of clemency,
parole and pardon would encompass
the lesser power, Of reprieve.
Should any new evidence be pro-
duced during the reprieve period,
Fisher said today the logical thing
to do" would be to present it to
the Court Of Pardons in a new plea
for clemency.
Further action in Federal courts
is not contemplated, the defense law
yers said
The Governor has not as yet car
ried out his expressed intention to
direct" the State police to carry on
its investigation of the case-an in
vestigatior which has developed moth
ing new since Hauptmann's convic-
ton ut Pennington.
No Word From Jafsie.
No word has come from DR.. John
F. Condor, q star prosecution wit
ness, since his cabled offer from Cris-
tobal, Canal Zone. yesterday to re-
turn Immediately" If he can be Of
any help in the Governors investiga-
ton. Attorney General Wilentz Co.
bled reply saying the presence Of
Condon-"Jafsie" Of the ransom ne
gotiations-was not required.
Everybody was guessing tonight as
to what the Governor had in mind
when he spoke of evidence that is in
my nands";; and none seemed ready
to pick up the gauntlet he tossed to
them when he said:
"A good investigation Of the Lind
bergh case might be healthy thing"