| Show FISCH CALLED LINDY RANSOM PAYOFF MAN Witness Says He Saw Bru Brunos Bruno's nos no's Friend Jump Over Cemetery Cemetery Cem Cern Wall Copyright 1935 Associated d Press FLEMINGTON N. N J. J Feb 5 5 Bruno Richard Hauptmann's defense today prod produced ced a witness who test testified tied fied he saw the late Isador Fisch jump over a a wall wan at St. St Raymonds Raymond's cemetery the Bronx on the thc night th the futile Lindbergh ransom wa was wasp p paid lid there The testimony was given iven by Benjamin Benja min rain Heler Heier 24 who identified himself as 35 a writer now employed as a arcs res restaurant cashier He said he was in a parked ca car with a young lady who later married another man and who is now d dead deac Y Jd and saw Fisch leap to the sidewalk from the cemetery wall on the night nigh of April 2 1932 On Payoff Night It was on that date that Dr John JohnF F F. Condon testified he pai paid the ransom to Hauptmann while Colonel Colonel Colonel Colo Colo- nel Charles Cherles A. A Lindbergh waited in ina in inIn In 13 a parked car Hauptmann accused of ot I and murdering Colonel Lindberg's infant in Cant ant son claimed Fisch gave him th the block of ransom money which was wa was found In his garage and Hauptmann's Hauptmann attorneys toda today openly accused Fisch Fisc Fischof of being the man who collected th the ransom Heier said he identified Fisch from pictures pictures' of him in the newspapers Shown a picture o of Fisch he said Theres a strong strong- resemblance lie He said the man be saw sav san took look several several severa sev sev- sev- sev S eral era eral steps toward his liis cai car and nd his face tace was well veU lighted by the cars car's headlights ts Heier w was s allowed to answer yes when Ed Edward ard J. J Reilly chief defense defens counsel asked if the young lady he was with ever had referred to the J the cemetery in in a letter The state however kept the letter from rom evidence Once Convicted Attorney General cross cross ex Heier immediately brought brough out that he had once been convicted also that his his- name his name had been used in conn connection tion with the operation o of a cabaret Heier said he was well well- known cnown as a host Heier skirted close to contempt o ocourt of oC court when he refused to give the name of oi the girl he was with the night he s said lid he saw FiscI Fisch Fisc FischI I refuse rewe to answer he declared declare when asked him the name o. o or of orthe the parents and nd after the court had directed that an answer be given Finally he said the girls girl's name was WIlS Schwartz and that her parents were named Schwartz and that they I lived on Webster avenue in the Bronx He Be said he couldn't remember remember ber th the number Wheat reminded him that on direct examination he had said he knew the number I wouldn't tell if U I did rem remember remember em ber Heier Heler said bron brought ht out that had bad not told any authorities about his bis experience and that he did not recall the incident until la last t Sat Sat- urda The court ruled out an effort cHort bythe by bythe bythe the defense to show that Fisch visited a woman late in 1933 1033 at Bayside Long Island bearing certain packages The court also suppressed temporarily temporarily tempo tempo- at least a defense subpoena which would hax i Acquired Colonel H. H I. I Norm Norman n to produce 4 Continued o We ot r FISCH CALLED GALLED PAYOFF MAN Continued from Pose Pille One he gave to newspapers th the releases during the L Lindbergh kidnap out the te and ruled gallon gation with which the of a theater patron defense intended to attack the memory memo mem of ot state witness who said Hauptmann Haupt Haupl- a ory mann spent a ransom bill blI bPi on Nove November November Novem Novem- ber 26 1933 May Attack Jable The defense hinted through gh questions questions questions ques ques- to a department deportment of Justice agent John E. E that It might attack the mental condition of Dr Condon Lindbergh intermediary Through Phillip Moses a Bronx th the defense sought to t. t taxi driver show th the presence of four fout mysterious men near the graveyard on the nih of the payment Among Amone many other ather witness r who took the stand before the noon recess reces was Mrs l Maria 1 Mueller r Mrs l Hauptmann's niece who said wa at his hll own birthday birthday birthday birth birth- day party on the night of or November Novem Novem- ber her 26 1933 when he was wu alleged to have spent a ransom bill In a theater The date was Val prior to the theda Hauptmann claimed da day on which Fisch gave him part put of the ransom money in an unopened shoe box Edwrd Edward J. J Reilly defense chief counsel asked the agent J if h he knew of any report In existence which showed that Dr Condon had been examined by by allen alienists I 1 have never heard of ot any such report the agent said Attorney General David T T. denied that there was any such fact Did your investigation disclose that In the Bronx he was looked upon I asked as eccentric Reilly I r wouldn't say so generally generall said laid as a general term no I Iam Iam Iam am not riot qualified to say whether he heIs heIs heis Is looked upon as being eccentric or not Denies Acts Ads Did your investigation disclose the fact that he sometimes dressed as a woman and masqueraded around the nei neighborhood No sir it disclosed no such tact fact Did anybody In Jo official life We in 10 Washington from the president not this present president but the president prest- prest dent then stay slay your hand toward Dr Condon Never In the lightest way that I J know of 01 no sir In examination cross-examination asked Is Li it not a fact that Dr Condon Condon was known throughout the Bronx as asa asa asa a leader in Boy noy oy Scout Girl Scout and other civic movements and as a pa pa- citizen 7 Yes sir With a view to showing that Fisch was the collector of the ransom the defense put on the stand Mrs Bertha Hoff Hoil who testified that she was visited visited visit visit- ed about November 1933 by Fi Fisch Fich ch chand and a fanner farmer named Budreau who lived at Lebanon N. N J J. 20 miles from the Lindbergh estate The visit she he said was wa at her homat home hom I at Bayside L. L I. I Reilly fighting to get into the r record record rec rec- c. c ord testimony that Fisch carried bundles at the time declared hotly During the day If I r Ican can get eL my witnesses here from New York I hope to prove Isador hador Fisch was wu the theman theman theman man who jumped over the fence that he received the money from Dr Condon Dr Condon testified for the state that Hauptmann leaped over a cemetery tery tory fence to meet him and that he subsequently paid to Hauptmann the Lindbergh ransom Reilly went on saying he would show that Fisch Fich from that date on not only approached one but many persons in New York trying trIng to dispose of this mone money I am going to trace every connection of oC Isador Fisch with willi this money until he left on the steamer I hope to be able to prove by witnesses when he ho arrived in Hamburg his actions before the immigration authorities in Germany To Trace Money I Ir am going to trace everything I Ican Ican Ican can to show that Isador Fisch and nd not this defendant received the money from tram Dr Condon tried to dispose dispo e of 01 it tried to leave it not only with this woman but other people finally left it with Hauptmann Justice Thomas W W. Trenchard excluded ex cx- eluded the testimony despite Reillys Reilly's plea Attorney General said Reilly is going goin to be called upon to prove hi his statements and I f feel l confident confident con con- there will vili be no credible proof Phillip Moses Mose who had be been 1 quoted as as saying his story would I bust this case wide open testified he picked ed up three fares shortly after 8 p. p m rn April 2 1932 and drove them past the gate of ot the cemetery where Dr John F. F Condon Condori said he paid Hauptmann the ransom money while Colonel Lindbergh waited in an auto Held Conference He said he drove the three men two blocks past the gate They jumped out he said and met a fourth man whereupon the quartet huddled for a conference Then they got Into a gray car which stalled he said and he helped them to get it started Moses was not allowed to testify to something he said one of ot the themen themen themen men had told him Attorney General David T T. Wil Wit entz cross examining the taxi driver Moses Mose had him acknowledge that he had been nn an actor dancer runner In Wall VaIl street plumbers plumber's helper farmer and many other things He Ho also said he impersonated Will R Rogers g sn r-sn in In Ina a Flemington make make- believe radio broadcast and to show how he did it U he pulled his hair down over his forehead The gesture filled the court with merriment Shows Name The attorney general also produced produced produced pro pro- an autograph book to show Moses Moses' name among others of trial celebrities Joseph Joeph J. J of ot New York followed Mrs Mueller on the stand as M the defense launched further at attack attack at- at tack upon the testimony of oC Mrs Cecile Barr the cashier of at Loews Loew's Sheridan Square theater where Hauptmann was alleged to have passed the ransom bill on November November Novem Novem- ber her 26 1933 The defense wanted to testify to experiences with Mrs Barr having to do with the making of oC change and her memory memory mem merit ory of oC faces but the state objected and was sustained The witness was withdrawn I The attorney general in his cross cros examination of ot Mrs Mr Mueller asked her if iC she had not told police at one onetime onetime onetime time that she could not remember what time Hauptmann birthday party broke up She said she could remember making no such statement state ment merit and arid she Insisted people began I leaving the party between and 10 p. p m. m Hauptmann's house the defense sought to show was a great distance from the theater Presented It at P P. P M M. Mrs s. Barr had testified he presented presented pre pre- the ransom bill at p. p m. m The date of ot the alleged passing of the bill was prior to the time that hat Hauptmann said the late Isador Fisch had given him hint a shoe box containing unknown to Hauptmann Hauptmann Hauptmann Haupt Haupt- mann 1600 1 in ransom m money ney was was on the stand as s I a defense witness yest yesterday He couldn't recall that he h had d e ever eer er said iT in one of oC the releases that the suicide suicide sui suicide sui- sui cide of ot Violet Sharpe a 1 maid in the home of oC Mrs Dwight W. W Morrow virtually solved the and added that he was sure he had made madeno no such statement One of oC his press releases after the maids maid's suicide as printed in m the newspapers of ot the time said In part PaThe The suicide of at Violet Sharpe strongly tends to confirm the suspicions suspicions suspicions sus sus- author authorities authorities of ot the investigating ties concerning her guilty knowledge knowl know edge of oC the crime against Charles A. A Lindbergh Jr Attorney General David T. T Wil VII records record asked enu entz argued that the would be a truckload C. C Lloyd Fisher of ot defense counsel retorted they could be brought to court in in a al brief case I This is one of the major factors factors of ot the case bearing bearin on Ori the q question of ot criminality involved d Fisl- Fisl r told th the court r aF |
