Evening star., 1936-04-02

WdS bCoOA1 iA6 az SAAS bae iilo
questioning was broken short, to per-
NIT Wilentz to come in.
Wendell, one of the chief actors in
the affair, waited in a cell in the
county jail adjoining the court house.
He read newspaper accounts Of the
Hauptmann case and the grand jury's
activities, and later asked for book
"a classic" one Of the attendants said.
He was ready to appear before the
grand jury whenever the call came.
Meanwhile, there is a decided un-
certainty in informed circles here
that Hauptmann will die IN the elec-
trio chair tomorrow night, or within
the next several weeks.
Hauptmann's electrocution has been
fixed. somewhat tentatively, for to-
morrow night. Under the law. as now
understood, the sprison warden must
carry out the sentence within this
week unless some legal action inter-
venes.
Showdown in Next Two Days.
But there Is every indication that
the final determination, or SHOW
down" as to what will be done will
not be reached until tomorrow or
Saturday.
BY then, the current developments
are expected to reach a status by
which Hoffman, who has led the fight
to prolong Hauptmann's life until
further investigation of the Lind
bergh crime can be completed, and
similar advocates are able to decide
on their course of action.
The opinion is general that If it
is decided to grant another stay, a
way will be found to accomplish this.
And if it becomes necessary for JUS
tice Trenchard, before whom Haupt-
mann was tried to issue a new order
for the execution, a date must be
fixed from four to eight weeks after
the signing.
Hauptmann's principal hope today
was centered on the grand jury.
New Appeal Possible.
Should this body vote an indictment
or fail to act during the week the
defense most probably would seek a
further stay from Justice Trenchard.
If 1t failed there, another appeal to
the Court of Pardons could be at
tempted.
II again defeated in the Court Of
Pardons. counsel might then ask Gov.
Hoffman to take some extraordinary
action to save the prisoner.
The Governor has been advised on
the one hand he now has no legal
authority to grant further reprieve.
This advice came from Wilentz. On
the other hand, the Governor is un-
derstood to have consulted several
other legal authorities, who held he
could act.
A high State official said an arrest
was expected shortly of a member of
the abduction gang which wrung a
confession" to the Lindbergh baby
killing from Wendell
Brains" May Be Taken.
The arrest, possibly the brains" Of
the gang. the Official said, was expect
ed to follow quickly, possibly today,
from information and descriptions
furnished New York and New Jersey
authorities last night by Wendell.
Wendell was questioned in his cell in
Mercer County (Trenton) Jail last
night by Assistant District Attorney
William McGuinness of Brooklyn.
From authoritative sources 1t was
learned that New York and New Jer-
sey authorities, with assistance from
Federal agents. were working in Brook
lyn, where the arrest was expected to
occur.
Hauptmann's hopes for fourth es-
cape tomorrow from the electric chair
see-sawed more uncertainty than ever,
pumped to nerve-numbing speed by
unpredictable events.
Gov. Hoffman denied knowing about
the Wendell confession" as early as
February, as charged by Marshall.
Prosecutor Marshall. as usual, does
not know what he is talking about"
the Governor said Some one must
have lold him what to say I think
he just learned that I am Governor"
Hoffman said the Wendell statement
did not reach his hands until the last
session of the Pardons Court Monday.
when Chancellor Luther A. Campbell
gave him a copy.
The jury, at whose request the
Hauptmann execution was halted
Tuesday night by Warden Kimberlin,
is expected to reach a decision on an
indictment before the o'clock execu-
ton hour tomorroe
Should the jury still be considering
the Wendell case when that hour
comes. Col. Kimberling intends to
postpone the execution again, utilizing
to its fullest extent, if need be. his
authority to execute Hauptmann any
time during "the week of March 80
Authority Not Certain.
Whether that authority extends
until midnight Saturday or midnight
Sunday. Col Kimberling is not certain.
If the circumstances make it neces-
sary to delay the execution to the
limit, he will ask for legal advice to
determine when the week Of March
80" ends.
Marshall, who was opposed to hasty
action on the Wendell case, had several
witnesses of his own he hoped to take