The Waterbury Democrat., 1936-04-02


 fl1e tury's deliberatoin. If 1t re- 1iiges to indict Wendell, State Prison Warden Mark o. Kimberling will execute Hauptmann Friday night at s o'clock, unless Gov. Hoffman is- sues another 30 day reprieve If 1k does indict Wendell, 1t was gen. efally believed that an appeal to a court for an indefinite stay of ex- ecution could be sustained.
 Wendell Arrest PrObed
 Threatening to overshadow the grand 1ury's deliberations in in- mediate interest, was Geoghan's in- ycstigatoin into the circumstances of Wendel's arrest. His assistant, William F. McGuinness, accom- panied by an official stenographer, questioned Wendell for more than an hour in his cell in Mercer county last night. He then hurried back t0 Brooklyn and conferred with his superior for several hours early to- day.
 Wendels story of his detention by four unidentified men was one of the weirdest phases of his weird en- trance into the Lindbergh case. He said four men forced him into an automobile in New York city, held him prisoner in a private house in Ceoghan's district, where he was forced by torture to confess the Lindbergh Kidnapping, and then de- livered him into the hands of Par ker in Burlington County, N. J., Parkers political balliwick.
 No evidence Found
 Qeoghan had been unable to find any evidence to indicate that Wen del had been arrested by bona fide peace officers authorized to make arrests in the state of New York. New York law also demands that prisoners be detained in prisons. Arrests" and detentions otherwise constitute Kidnapping, legal authori- ties said.
 Attorney General Wilentz was prepared to quash any indictment returned by the grand jury against Wendell. He had offered to appear as . witness, saying he could prove "ifl few minutes" that Wendel's "cOnfegsion" was q hoax. Wendell, a shrewd expert in New Jersey law, petitioned for permission to testify, offering to waive constitutional im- n1unity. He, too, claimed the ability to prove that he had had nothing to do with the Lindbergh case
 Freeman obtained stay
 The grand jury was considering Wendel'g case Tuesday night when Hauptmann was about to die. Free man telephoned Warden Kimberling and obtained stay. Yesterday the grand jury worked on routine mat ters while private investigators and state employees, diverted from other taBks--those who have worked frenziedly to obtain new evidence silee Governor Hoffman first inter- vened in January--sought any pos sible shred of evidence that would corroborate Wende's confession. Whether this needed evidence was found could not be learned. So far, tho United Press was informed re- lia5ly, the grand jury ilas not re- ceiyed evidence justifying an indict- ment.
 After his detention in New York, Wendell was Parker's prisoner in Burlington county for more than a week, and it was Parker who de- 1ivercd Wendell, at Inc insistent de- mRnd of Col. H. Norman Schwarz- kopf, to another political friend of Gov. Hoffman, Mercer county De- tectiye James Kirkham, Saturday night. Kirkham, disobeying the in- structionS of County Prosecutor Er- win Marshall, his direct superior and political enemy of Hoffman, charged him with the murder Of the NLindbcrgh baby which gave the grand jury the right to supcrsede Marshall and begin it's tnyestigatoln.
 Parker Promises Much
 Today Parker promised to present to the grand jury plenty of eyi- dence" to corroborate the confession obtained while Wendell was his pris- Dner. The grand jury, which heard him, his son, and his secretary on Tuesday, summoned him to testify again.
 Parker, 8 friend of Wendell as well as of Hoffman, has 8 considerable reputation as a detective, growing chiefly out of nationwide publicity of his work on the Hall-Mills case. Tn 1892, after the Lindbergh baby was Kidnapped, he offered his ser vices to Colonel Lindbergh and the state police. They were refused.
 Gov. Hoffman, then frequently mentioned as possible republican presidential or vice-p presidential nominee, reprieved Hauptmann in January and asked Parker to pro- dice proof supporting his contention that state police had bungled the investigation and that the Lind bergh case had not been solved by Hauptmanns arrest and conviction
 Saturday night Parker produced Wendell and his Confession.
 Republicans Dominate
 On the grand jury which heard Parker's story were twelve republi- cans, nine democrats and two inde- pendents. Not all the republicans were friendly with the Hoffman re- publican faction. Twelve must vote affirmatiyely if Wendell i8 indicted.