Evening star., 1936-01-11

mann was the sole perpetrator of the
kidnapping of the Lindbergh baby
Il do not believe the full ends of
justice will have been served with
the execution of Hauptmann."
Hauptmann has chance for a 90
day lease on life beyond the day set
for his electrocution, even though the
court rejects his plea, it was pointed
out
Gov Hoffman holds the power of
reprieve under New Jersey law.
The attorney generals Office has
interpreted the law to mean that re-
prieves shall not be granted beyond
go days after conviction. That time
would have expired months ago for
Hauptmann.
But those who know the Governor
well say this would not deter him,
particularly as there are precedents
for reprieve at any time before the
execution.
Hauptmann, awaiting the action of
the court in his death house cell at
the State Prison two miles away. was
Joined by another convicted murder
er. the Jersey Dillinger," Edward
Metelski, policeman killer. Metelski
IS under sentence to die the week of
February II. Hauptmann was still
sleeping as the court met.
Mrs. Anna Hauptmann remained at
a hotel in seclusion.
Mothers Letter Read.
Also before the court was letter
from Hauptmann's aged mother in
Germany-a letter pleading for the
Governor to spare her sons life.
Fisher, as spokesman for the de-
fense, indicated that he would seek to
show that the kidnapping of the Lind
bergh baby was the work of a gang;
and that even if Hauptmann had been
a member of that gang, he would nev-
ertheleSs be entitled to clemency.
While the court gave consideration
to evidence, it sat as court of mercy
rather than court of law and did not
necessarily need new evidence to grant
the prisoners appeal.
Attorney General Wilentz said he
had received no request to seek DR..
Condon's detention. He did not indi-
cate what action he might take. When
DR.. Condor sailed yesterday, it was
explained that he first had consulted
Wilentz and had been told there was
no reason why he should not go.
The men who gathered the evidence
against Hauptmann and directed his
prosecution were the first to appear at
the State House for the hearing.
At $50 am.-One hour before the
time of the meeting of the court of
mercy-Attorney General David T.
Wilentz, Col. H. Norman Schwargkopf,
head of the State police; Prosecutor
Anthony M. Hauck. jr., of Hunterdon
County, and Capt. John L. Lamb, head
of the detective division of the State
police, went into conference in
Wilentzs office.
Wilentz received a letter from Gov.
Hoffman yesterday asking him to ap-
pear before the court and to bring
with him Col. Schwarzkopf and the
"kidnap" ladder, one of the most
damaging exhibits presented against
the Bronx carpenter.
Fifteen minutes later the first men,
bers Of the court appeared.
Court Members Arrive.
Judges William Wilfskeil. of Eliza
beth and Walter L. Hetfleld of Plain
field arrived together. They went i'm
mediately to the court room, a large
reception room just outside the Gov
ernor's office.
They are both lawyers but sit on
the Court of Pardons as clay" judges
of the Court of Errors and Appeals.
Wilfskeil is one of the two members
of the Court of Errors and Appeals
who did not pass upon Hauptman's
appeal to that court for a new trial
He and Judge John ]. Rafferty, of
Middlesex were appointed after the
case was appealed to fill vacancies in
the Errors Court.
Gov. Hoffman, president Judge of
the Court of Pardons, is the third
member of the Court of Pardons who
has not yet voted upon the guilt or
innocence of Hauptmann.
Meanwhile in State prison, mile
and a half distant, Hauptmann re-
manned asleep in his death house cell.
His normal breakfast time is II o'clock.
Prison officials said there would be no
change in the regular daily procedure.
The first defense attorney to appear
was Egbert A. Rosecrans of Blairs-
town. -
As he waited in the corridor for his
associates-C. Lloyd Fisher of Flem-
ington and Judge Frederic A. Pope OF
Somerville-hs said he had not At