The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-04-03

repudiated confession caused
Col. Kimberling to postpone
Hauptmann's execution last
Tuesday night.
Allyne Freeman, foreman Of the
jury, told Mr.. Kimberling this
morning that the jury mad no rea-
son for asking further delay.
COnfers With Marshall
Col. Kimberling then went to Err
win Marshall, prosecutor of Mercer
County. After talking with Mr..
Marshall for an hour the head
keeper announced he would go
ahead with plans for the execution
tonight, but would check also with
Atty. Gen. David T. Wilentz.
Although Mr.. Wilentz is this
states highest legal authority his
word alone may not be enough to
send Hauptmann to the chair. Mr..
Wilentz and Gov. Harold G. Hoff-
man are bitter political enemies.
Gov. Hoffman wants to save.H aupt-
mann and Mr.. Wilentz wants him
killed. The Governor may again
inject himself into the case at the
last minute. Observers believe that
in event of disagreement Mr.. Kim
berling would follow Gov, Hoffman's
instructions as against Mr.. Wilentz's.
Il asked Prosecutor Marshall for
an opinion on the present status of
the Wendell case" Mr.. Kimberling
said. Il will go further now and
ask the attorney general for advice.
Proceeds With Preparations
II am going ahead with prepara-
tions for the execution. 1 could
not delay beyond tomorrow night
because 1 have no authority to
do So
Col. Kimberling said that since
the grand jury's request of Tuesday
night he had received no further
request for delay.
Reporters talked to Mr.. Wilentz
before Col. KimberIing had seen
linn. Mr.. Wilentz told them he
did not care-to discuss what claril
fication he would give to the head
keeper. He said that the swift.
uncertain maneuvers involved in
the "discontinuance" of the Wendell
case inquiry by the grand jurv
shortly before midnight had left
ms AS confused as any one else"
Fisher Demands New Probe
A few minutes after Mr.. Wilentz
had expressed his confusion, C.
Lloyd Fisher, Hauptmann's LAWYER.
added still another contribution to
the puzzling developments which
have marked the case by demanding
that the Hunterdon County grand
jury be convened to investigate
WendePs possible connection with
the kidnap-murder of baby Lind
bergh.
Mr.. Fishers demand was in a tele-
gram which he sent to Supreme
Court Justice Thomas w. Trench-
ard, the jurist before whom Haupt-
mann was tried and condemned
more than year ago. The teIe-
gram demanded the removal of
prosecutor Anthony M Hauck Jr.
the appointment of special prose-
cutor, and stay for Hauptmann.
While these developments swirled
about the heads of prominent fig
ures in the case outside. Hauptmann
awoke in death cell No. 9 to learn
that his chief source of hope-the
Mercer County grand jury-had re-
cessed overnight without taking any
action which would delay his death,
Chair Is Tested Again
Thirty PAGES from where Haupt-
mann sat, electricians again were
testing the chair in which he is to
be put to death at 7 p. m. en-
dianapolis time). Extra guards
were at the door of his cell. He
was deprived of all utensils which
might be used in an attempt at sui
eide.
After Mr.. Kimberling left Mr..
Marshall's office, the prosecution
said that the investigation OF Wen
del still was unfinished business
because no vote was taken on the
murder indictment.
Il told Kimberling the same
thing told the press last night
the prosecutor said
Asked why the jury did not reach
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