The Wilmington morning star., 1940-09-23
KIDNAP YOUTH IS
RESCUED; ABDUCTOR
TAKEN, CONFESSES
Continued From Page One)

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and child in an automobile on a
mountain road. Suspicious of his &C.
lions and his possession of the child,
they began to question him. He
threatened them with a gun and
they o~verpowered him.
Parents Contacted
The boy was taken to the general
store, of Frank Breidenbach at River
Pine, from where his parents were
contacted. and Identification estab-
lished.
The man, meanwhile, was left tied
on the floor until officers arrived
to take charge of him.
Even before the child was return
ed home, state authorities started
plans to prosecute Muhlenbroich.
Attorney General Earl Warren
said the man, if convicted, can be
imprisoned for life. The place where
the boy was found was within Cali
fornia boundaries, apparently keep
ing prosecution of the case out. of
federal jurisdiction, since no state
line was crossed.
CALIFORNIA; kidnapping law speci-
fies death if the victim is harmed.
The boys nurse, Mary Foley, was
severely beaten in a scuffle with
the kidnaper, but the child vas not
hurt.
Warren said he did not know,
without studying the law further,
whether the injury of, the nurse
would make the kidnaper subject to
the death penalty,
~ Crowd Gathers
Hundreds of persons crowded the
street and lawns near the De Iris
tan home awaiting a glimpse Of the
returning child. =
Is They watched while a nurse, dress
ed in white, prepared the blue-pa-
pered upstairs nursery for. Marc.
When the room was ready; venetian
blinds were drawn but the lights
remained on.
Motion picture cameramen set up
flood lights, and people leaned out
Of windows or watched from con
venient roofs of n~eighboring build
ings.
It was almost exactly 4S hours
from the time the boy was seized,
as he walked in the sunshine with
his nurse, that news of his rescue
came.
Mrs. leila Miles, postmistress at
Aukum, supplied some of the first
details when she telephoned the San
Francisco Chronicle.
The information, supplemented by
a call from an anonymous source
to the De Tristan home, broke the
tense, dread silence there like an
explosion.
Neighbors said they could hear
the cries of JOY. A sister of the
countess, they said, ran to the
pOICu, ClylllS Liz OdOy mas VIVA
found-he is alive and safer!
Nurse Mary Foley, so, who was
knocked to the roadway by the kid
naper when he snatched the child
from her grasp, ran into the street,
screaming with joy and excitement.
At Aukum, Mrs. Miles, expressing
her assurance she was correct in her
Identification Of the boy found there,
said he wasn't hurt a bit" and was
fine and healthy"
There was, no immediate identifi-
cation of the kidnaper.
H chad made no contact with the
family after the De Tristans had
to the ransom note demand
that 500, 900 in ransom be paid.
Two deer hunters were reported
by the Chronicle to have captured
the kidnaper and to have talked with
little Marc. The paper said both had
identified themselves satisfactorily.
The paper reported the hunters en-
a man, seemingly having
lost his way in the hills near Aukum,
II miles from Plymouth, Calf, in
the Sierra Nevada.
They demanded to know what the
man was doing there. He replied
that he was deer hunting. When the
hunters say the boy and questioned
the man further, he drew a gun, and
the men overpowered him. They re.
the boy was still wearing the
red, white and blue sunsuit he had
when he was snatched from his
nurse in the exclusive
area of Hillsborough, Fri
day noon.
Huse said IT do not vouchaf for the
that the baby had been
In response to a question of
whether the 500, 900 ransom had