The Waterbury Democrat., 1936-04-03

Wilentz wants him killed. The governor may again inject himself into the case at the last minute. Observers believe that in event of disagreement Kimberling would follow Hoffman's instructions as against Wilentz's.
 Will See Wilentz
 T asked Prosecutor Marshall for an option on the present status of the Wendell case," Kimberling said T will go further now and ask the attorney general for advice.
 T am going ahead with prep arations for the execution. could not delay 1t beyond tomorrow night because I have no authority to dc so."
 Kimberling said that since the grand jury's request of Tuesday night he had received no further request for delay.
 Re. 1rters talked to Wilentz before Kimberling had seen him. Wilent2 told them he did not care to dis cu3s what clarification 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 jury shortly before midnight had left him "as confused as anyone else"
 Fisher After Hauck's Head
 A few minutes after Wilentz had expressed his confusion, c. Lloyd Fisher, Hauptmann's lawyer, add ed still another contribution to the puzzling developments which have marked the case by demanding that the Hunterdon county grand jury be convened to investigate Wendels possible connection with the kid- nap-murder of baby Lindbergh.
 Fishers demand was in a tele- gram which he sent to Judge Thom- as w. Trenchard, the jurist befofore whom Hauptmann was tried and condemned more than year ago The telegram demanded the removal of Prosecutor Anthony M. Hauck Jr., the appointment of a special prosecutor, and 8 stay for Haupt- mann.
 While these developments swirled about the heads of prominent fig ures in the case outside, Hauptmanr aWoke in death cell number nine tC learn that his chief source of hope the Mercer county grand jury had recessed overnight without tax. ing any action which would delay his death.
 Watch On Hauptmann
 Thirty paces from where Haupt- mann sat electricians again were testing the chair in which he is tt be put to death at 8 p. m. Extrs guards were at the door of his cell He was deprived of all utensil which might be used in an attempt at suicide.
 After Kimberling left Marshall's office, the prosecutor said that tht investigation of Wendell was stil unfinished business" because nc vote was taken on the murder in. dictment.
 T told Kimberling the same thing I told the press last night" thu prosecutor said.
 Asked why the jury did not reacf a final decision, Marshall said on' reason was that Chief of County De- tectiyes James s. Kirkham had thu only copy of the murder complain tucked away in his pocket since Sat- urday.
 "Therefore," he said, "the grant jury did not take vote.
 Tt could have turned in a vot' without having the signed com plaint but failure to have it on hanG interferred with proceedings"
 Kirkham explained that he mere ly forgot about the complaint.
 Hoffman Has LoOph0Ie
 AS. ed if the present situation gav' Governor Hoffman a wide loopholl for granting a reprieve. Marshal said:
 Tt looks like 1t but I refuse t' discuss the matter"
 Meanwhile, Kimberling returned to the prison from Marshalrs of Ace and then started for the at torney generals office at the stat house.
 Kurt Mertig. secretary of the clti zens' committee of 500-an organiza tion which believes Hauptmann mal have been guilty of kidnapirG bu was innocent of murder-br0agh petitions signed by 20O00 persons t'